Legal Question in Family Law in Oregon
My husbands ex wife told him his daughter isn't his, they divorced in 2005 the child is 8 yrs old, she was conceived during the marriage. If he has a legal paternity test done and he is not the father will he still be held responsible or can he have himself removed from the Birth certificate.
1 Answer from Attorneys
YES....Under ORS 109.072, he can now commence a legal proceeding seeking to disestablish his presently-existing presumptive paternity of the basis of fraud, misrepresentation or other misconduct of his ex-wife. And as part of the legal proceeding, he can obtain a court order require the ex-wife and child to cooperate in DNA parentage tests. The legal action must be commenced within one year of discovering the fraud, misrepresentation or other misconduct
For more info, see artlce re Setting Aside Paternity Judgments (ORS 109.072).
http://ldgorin.justia.net/article_36-1504038.html
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