Legal Question in Family Law in Oregon
Custody of out of state child and child support
We live in Georgoa, My Husband recently found out that he has a 5 year old child in Oregon from a previous relationship. No paternity has been legally established. Who is responsible for paternity tests and if it is established do we have the right to ask for custody of this child who we are told is being neglected? Also since we are so far away and have never met the child how do we go about establishing visitation and can we have the mother be responsible for atleast part of the traveling expenses? We have 3 children already and live in a stable home while the mother lives in her mothers basement and does not work.
3 Answers from Attorneys
Re: Custody of out of state child and child support
You and your husband are certainly in a difficult situation. While it is certainly laudable that your husband wants to do what he can for his child, unfortunately, at least under Georgia law he possesses absolutely no custodial rights to the child absent that child�s legitimation by your husband. Also given the fact that his child and the child�s mother are residents of Oregon, any relief available to your husband--custody, visitation, and the like--would turn on questions of Oregon law, not Georgia law. I wish you the best of luck.
To discuss these matters in further detail, please feel free to contact me. My contact information is below. Thank you. The above statements/observations are offered as general information only, no specific legal advice is given nor should it be assumed. No attorney/client relation has been created or should be implied. Phillip A. Strickland, Attorney at Law, [email protected].
Re: Custody of out of state child and child support
As Mr. Strictland stated, any action taken on your part regarding the child should be addressed to an Oregon Court.
Re: Custody of out of state child and child support
As you have already been told, given the facts you present, determination of your legal rights and your legal your responsibilites will be dependent on Oregon law.
For the moment, your best course of action is to DO NOTHING until and unless you first confer with an Oregon lawyer who understands Oregon paternity estsblishment law. You need to be fully advised as to your legal rights and also your legal responsibilities and liabilities. Only then will you be able to make intelligent, informed decisions. For the moment, do not agree to or participate in any parentage testing. Talk to a lawyer first!
Am I suggesting that you give me a call? Yes, absolutely.
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]
==========================
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]
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