Legal Question in Family Law in Oregon

Establishing Paternity

My ''son'' is 12 and I should have questioned this years ago, but I don't know if he is really mine. His mother has recently filed for custody because that was never established. In court 11 years ago when the judge asked me if I was the father I said ''yes''. But, the mother had been with other men, and I have always questioned it. I have a court date for the custody coming up this month, and I was wondering if there is a way for me to approach the judge about having it tested. Her attny stated in the petition to extablish custody, visitation, and support that ''Paternity has been established by joint declaration of paternity as described in ORS 109.070(5).'' I can't afford to have the test done on my own. I don't want to wonder any longer. I don't think it is fair for me or for my ''son''.


Asked on 7/13/03, 12:37 am

1 Answer from Attorneys

David DenHartigh Attorney at Law

Re: Establishing Paternity

A declaration of paternity is a sworn document that you signed, probably at or just after the child's birth, in which you admitted that you were the father. It's binding. Look at the document and read it. The declaration of paternity is just as binding as going to court to obtain a judment of paternity. Paternity was already established by signing such a document, if you signed such a document. You've waited 12 years. You're stuck with it. You can't use a blood test to overturn it. Is it necessary that you must make your suspicions known to the child and hurt the child when you're not going to be able to change what you did 12 years ago? Sure, you might get in a hard shot against the child's mother, but why hurt the child for revenge? You "adopted" the child 12 years ago. That was a good thing. You were a good man for doing it. Don't spoil the good act you did out of anger toward the child's mother. Anger and bitterness can eat you alive. Life's too short, make fun of it.

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Answered on 7/13/03, 2:02 am


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