Legal Question in Family Law in Oregon

Re: Custody of my son

When a child is born to an unmarried woman, the child at that point has, as a matter law, only one parent: the mother. In the eyes of the law, the child does not have a father. Consequently, there is no question as to custody. In essence, since the child as a matter law has no father, the child�s mother has full legal custody automatically, by operation of law.

The situation changes, however, if and when legal paternity is subsequently established. This usually occurs in one of two ways.

First, the mother and biological father might sign a Voluntary Acknowledgment of Paternity (VAP) form and file it with the the state's Vital Records agency.

Second, legal paternity may be established and declared through a administrative or judicial proceeding initiated for that purpose.

Under Oregon law, ORS 109.175, if and when paternity is established by the VAP method, the parent who has physical custody of the child when the VAP is filed with Vital Records has sole legal custody until a court otherwise specifically orders.

Likewise, under Oregon law, ORS 109.175, if and when paternity is established by administratrive or judicial declaration, the parent who had physical custody of the child when the administrative or judicial proceeding was commenced has sole legal custody until a court otherwise specifically orders.

As for obtaining a order for child support, the biological father of a child born out of wedlock has no obligation to pay support until and unless legal paternity is established.

L.D. Gorin

503.224.8884