O’DONNELL-LAMONT & LAMONT • Oregon Supreme Court
(third-party custody litigation by grandparents seeking custody of their deceased daughter’s children)

Although the Supreme Court’s unanimous opinion in my clients’ favor was the most important outcome of this litigation, there were several key accomplishments along the way, including:

  • En banc reconsideration. Until this case, the Oregon Court of Appeals had never granted reconsideration en banc, meaning by the full court, with all ten judges participating.
  • Chosen vehicle. The Oregon Supreme Court chose this case as the vehicle to resolve a number of third-party custody issues in Oregon. Other similar pending cases were placed into abeyance (on hold) pending the outcome of this appeal.
  • Prior cases reversed. The Oregon Supreme Court reversed the Court of Appeals in this case and also a line of prior contrary opinions.
  • New legal standard. The Oregon Supreme Court established the new legal standard to be applied in future third-party child custody disputes, which is an important victory for the best interests of children throughout Oregon.


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