Legal Question in Family Law in Oregon

Possible 18 year old daughter

I was contacted by an 18 year old, that said I was her father, she want a blood test, I told her I would do a swab DNA test from the internet. The lady that raised her ONLY want a blood test. She lives in Oregon, I live in Florida. She goes to night school, working on a GED and she also has a two month old child. I not sure but she may have been on gov't help, walfare ect...I woulld like to know if she is my child but I don't want to be caught in paying the state back for welfare...or back childs support in the cost of $100 of thousands. Her mother gave her to this lady when she was 2 months old. I'm not sure if the mother is in the picture. There may me a good change I'm her father, I did date her mother for 2+ months, the time frame line up. I am not on the birth cert.

Is there any way she can take me to court if I do the Swap DNA test? Am I liable for back child support or a civial suit to her or the state of Oregon in any way? Thanks


Asked on 8/08/07, 9:18 am

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Possible 18 year old daughter

QUESTION:

Is there any way she can take me to court if I do the Swap DNA test?

ANSWSR: Yes.

QUESTION:

Am I liable for back child support or a civil suit to her or the state of Oregon in any way?

ANSWER: Yes.

While you may (or may not) right now be the BIOLOGICAL father, it appears you are not right now the LEGAL father.

Legal rights and legal obligations of a man who is the biological father of a child born out of wedlock are premised on the man being legally declared as being the LEGAL father. Being the biololgical father provides a basis on which to declare and esablish LEGAL paternity but in your case it appears that that has not yet occurred. If and when it does, you can then be shouldered with financial obligations.

If a DNA test shows biological paternity, it would provide a pretty good foundation for declaring you as being the LEGAL father. And then you will be facing the full rath of the govenment's child support enforcement laws and will be instantly viewed as Deadbeat Dad. (Wage garnishment, liens on property, income tax refund intercepts, suspension of drivers license, reports to credit reporting agencies, garnishment of bank accounts, maybe IRA and retirement accounts, too.) And all for the sake of your compelling need to "just know the truth."

Were I in your shoes, I'd leave well enough alone. (If the police think you may have committed a crime, and you think they may be right, do you feel any compelling need to go to the police station and voluntarily take a lie detector test?) As Mr. T would say: "Pity the fool!!"

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html


Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

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Answered on 8/09/07, 4:09 pm


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