Legal Question in Family Law in Oregon

You.

When a child is born to an unmarried woman, there is only one �legal� parent: the mother. So far as the law is concerned, there is no �legal� father until and unless �legal paternity� is established or declared through one of the methods provided by law for doing so.

In sum, the child�s biological father has no rights --- and no responsibilities--- when the child is born. First, his �legal paternity� of the child must be established or declared through one of the methods provided by law for doing so. (And unless you are receiving public assistance benefits, you are under no obligation to assist in getting this done.) If biological father wants to establish his legal paternity of the child born to a woman to whom he was not marriage, it is up to him to take the necessary legal steps to get that done.

Once legal paternity is established or declared through one of the methods provided by law for doing so, the legal father may then apply to the court for a custody order. The court will then consider the request and make a decision based on �the best interests of the child.� From a practical matter, at that time, the court will need to be convinced that taking custody of the child from the only parent with whom the child has ever lived (mother) and placing the child with a man who is a stranger to the child (even though he was the sperm donor), who has a criminal record and has been in and out of jail, both county and state, and whose home is not a stable environment for a baby, is better for the child as opposed to letting custody continue with mother. I suspect it will not be difficult and will not take long for a judge to make the right decision.