Legal Question in Family Law in Oregon
I live in oregon and had a child with a married woman that still lives with her husband. I would like to get legal visitation of my child but oregon has a cohabitation law that won't allow me to contest paternity. He is 3 years old now I have gotten a dna test that wasn't court ordered but was a legal test that proves I am the father. I have also had him on weekends for the last 3 years and paid child support of 333 per month plus clothes and diapers. My question is. How do I get around the law of cohabitation so I can get visitation or custody of my child without the mother or her husband signing away their rights since they won't do that?
1 Answer from Attorneys
As a matter law (biological reality to the contrary notwithstanding), the man to whom mother was married (her husband) when the child is born is the LEGAL father of the child, which is all the law is concerned about. And so long as the mother and her husband continue to reside together, you --- as a third party interloper --- have no legal rights and no legal standing to challenge the husband's legal paternity.
In essence, under Oregon law, you are a legal stranger to the child. And this is true even though you are the child's BIOLOGICAL father. But given the circumstances you are presenting, being the biological father is total meaningless. Further, the fact that you have given money for the support of the child (I assume on a voluntary basis, without a court order), plus clothes and diapers, and had the child with you on weekend, does not account for anything and does not give you any basis for standing to assert any legal rights.
LAWRENCE D. GORIN
http://ldgorin.justia.net/index.html
Law Offices of L.D. Gorin
6700 S.W. 105th Ave., Suite 320
Beaverton, Oregon 97008
Telephone: 503.716.8756
E-mail: [email protected]
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