Legal Question in Family Law in Oregon
if after demanding a paternity test does the father have the right to demand his name be added to birth certificate and to change the childs last name as well as restricting where the mother can live or how far she can move from current address?
1 Answer from Attorneys
ANSWER:
NO. None of the above. The mother of a child born out of wedlock has "naming rights" and can give the child any name she chooses. Establishing paternity does not result in the father having a right to demand anything. By operation of law, the mother has full and sole legal and physical custody of the child, without any restrictions, and is free live wherever and with whomever she chooses. Until and unless there is a court order telling her otherwise, she is free to do whatever she wants with the child, including not allowing the father any right of access to the child.
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