Legal Question in Family Law in Oregon

Re: Child Endangerment

A paternity test will determine whether the boy is your husband's. Since she lives in Oregon, your best bet is to speak to a family attorney in that state to determine your rights.

Child Endangerment - Child born out of wedlock

Under Oregon law, if a woman gives birth to a child at a time when she is not married (that is, the child is born out of wedlock), the child will be deemed as having no �legal� father until and unless LEGAL paternity is established. Also, until legal paternity is established, the child�s birth certificate will not show any name as being the child�s father. (The line on the form is simply left blank.)

�Legal paternity� can be established on a VOLUNTARY basis by the mother and the biological father jointly signing a form known as a �Voluntary Paternity Acknowledgment� form and causing it to be filed with the Oregon Center for Health Statistics.

Alternatively, if either parent declines to cooperate with the other in signing and filing the Voluntary Paternity Acknowledgment form, legal paternity� would have to be established on an INVOLUNTARY basis. This is done by one parent filing a lawsuit against the other parent asking for a court order declaring and establishing legal paternity. The lawsuit can be filed either by the mother against the man she claims to be the father of her child, or by the man who claims to be the father filing against the mother.

Because the child was born out of wedlock, there was only one legal parent --- the mother --- at the time of birth. Therefore, by operation of law, the mother automatically has legal custody from the time of birth, continuing forward until such as a court orders otherwise. A biological father of a child born out of wedlock has no legal basis on which to seek custody (or even visitation) until such time as his legal paternity of the child has been established.

Once legal paternity has been established, the father�s name will be added to the birth certificate. The legal father can then seek parental rights (custody, visitation, etc.) and will also be subjected to legal obligations (child support, health insurance, etc.).

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

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-226-1321

E-mail: [email protected]