What Are Your Rights as a Third Party Seeking Custody or Visitation?
When you love a child who isn’t legally yours, the fear of losing that relationship can be overwhelming. You may have helped raise them, cared for them during difficult times, or been the one they turn to for comfort and stability.
When circumstances change—such as a parent separating, moving away, or limiting contact—it can feel like everything you’ve built with that child is suddenly at risk. Many third parties hesitate to speak up because they’re unsure whether they even have rights to seek child custody or visitation.
At Haskett Williams Monaghan, we help clients throughout Bend, Redmond, Madras, LaPine, Sunriver, Prineville, Sisters, and across Central Oregon who are seeking clarity about their rights as non-parents. While every situation is different, knowing your rights can help you make informed decisions about your next steps.
If that’s where you are, it’s okay to seek guidance and support. Reach out to us to talk through your concerns and learn what options may be available.
The Right to Request Visitation
One of the most common rights available to non-parents in Oregon is the right to ask the court for visitation. This doesn’t mean visitation is automatically granted, but it does mean the law recognizes that certain non-parent relationships can be important to a child’s well-being.
Courts look closely at whether you have what’s often described as a “child-parent-like relationship.” This usually involves consistent caregiving, emotional support, and an ongoing presence in the child’s daily life.
Occasional visits or sporadic contact are typically not enough. The court wants to see that your role has been meaningful and sustained.
When evaluating visitation requests, courts may consider:
The length and consistency of your involvement: Long-term, regular contact often carries more weight than short or intermittent involvement.
The emotional bond between you and the child: Evidence that the child relies on you for comfort, guidance, or stability can be significant.
How visitation would affect the child: The court looks at whether continued contact supports the child’s emotional and developmental needs.
Any objections from parents: While parental concerns matter, they’re balanced against the child’s best interests.
We help clients present their history clearly and focus on the child’s needs rather than adult conflict. While the process can feel intimidating, many non-parents find relief in knowing the law allows them to ask the court to preserve an important relationship.
The Right to Seek Child Custody in Certain Circumstances
In more limited situations, Oregon law allows non-parents to seek child custody. This right is typically reserved for circumstances where a parent isn’t able to provide adequate care or where placing the child with you offers greater stability.
Courts don’t take custody away from parents lightly. Because parental rights are strongly protected, a non-parent asking for custody must show compelling reasons why this change serves the child’s best interests. Often, these cases involve children who have already been living with the non-parent for a significant period.
Situations where seeking child custody may be appropriate include:
Extended caregiving by the non-parent: If the child has been living with you and relying on you as their primary caregiver, the court may view this stability as important.
Concerns about parental ability to provide care: Issues such as absence, ongoing instability, or unmet basic needs may be relevant.
The child’s need for consistency: Courts often prioritize minimizing disruption to schooling, routines, and emotional support systems.
Temporary or long-term safety concerns: The child’s physical and emotional safety is always central to the court’s analysis.
We work with clients to assess whether this path aligns with their goals and the child’s needs, and to present a thoughtful case when child custody is pursued. Even when custody isn’t the right fit, understanding this right can help clarify other options.
The Right to Present Evidence and Be Heard
A fundamental right for non-parents in custody or visitation cases is the right to be heard by the court. This means you’re allowed to present evidence, testify about your relationship with the child, and explain why your involvement matters.
This right is especially important because judges weren’t present for the day-to-day moments that shaped your bond with the child. Clear, organized evidence helps the court understand the full picture.
Examples of evidence that may support your position include:
Records of caregiving responsibilities: School involvement, medical appointments, or daily routines you managed can help show your role.
Written communications: Messages, emails, or notes that reflect your involvement or the parents’ reliance on you.
Witness statements: Teachers, relatives, or childcare providers may be able to confirm your relationship with the child.
Your own testimony: Your explanation of how the relationship developed and why it matters can be powerful.
Being heard doesn’t guarantee a specific outcome, but it does mean your voice and experiences are part of the decision-making process. We help clients organize their information and present it in a way that keeps the focus on the child’s best interests rather than family disagreements.
A Compassionate Path Forward in Child Custody Matters
At Haskett Williams Monaghan, our experienced child custody lawyers help clients across Bend, Redmond, Madras, LaPine, Sunriver, Prineville, Sisters, and Central Oregon understand how the courts view their cases. Our goal is to help you present your story clearly, protect the child’s interests, and pursue outcomes that support long-term stability.
If you’re worried about losing contact with a child who depends on you, you don’t have to face those fears alone. Reach out to us to talk through your concerns and learn how we can support you during this important time.