McGeehan v. Cunningham

“To show that circumstances detrimental to the child exist if relief is denied, the nonparent must demonstrate that the circumstances of living with the legal parent post a serious present risk of psychological, emotional, or physical harm to the child”. G.J.L. v. A.K.L., 244 Or App 523, 532.

Mother appealed a supplemental judgement granting paternal grandmother visitation rights to the child. Mother assigned error to the trial court, arguing that the record is insufficient to support a finding that the child would suffer detrimental harm without visitation with his paternal grandmother. Mother further argued that the record did not support the trial court’s finding that grandmother’s visitation would not substantially interfere with mother’s custodial rights. “To show that circumstances detrimental to the child exist if relief is denied, the nonparent must demonstrate that the circumstances of living with the legal parent pose a serious present risk of psychological, emotional, or physical harm to the child”. G.J.L. v. A.K.L., 244 Or App 523, 532. The Court reasoned that the record was lacking of any evidence that the child would suffer any psychological, emotional, or physical harm if the grandmother did not have any visitation rights. The Court further reasoned that the record did not support a finding that the grandmother’s extensive visitation would not substantially interfere with mother’s custodial rights. Therefore, the trial court did err in granting the grandmother visitation rights. Reversed.