Kennison v. Dyke

Mother appeals from the trial court’s judgment granting grandmother’s petition for visitation with her child. We conclude that the court failed to make the requisite finding that grandmother rebutted, by clear and convincing evidence, the statutory presumption that mother acted in the best interest of the child when mother denied grandmother visitation with the child. ORS 109.119(3)(b). Accordingly, we vacate the judgment and remand for further proceedings.

ORS 109.119(2)(a) provides that, “[i]n any proceeding under this section, there is a presumption that the legal parent acts in the best…