Legal Question in Family Law in Oregon

Re: Married but pregnant with another mans child..

YOUR QUESTION:

Okay so me and my husband were seperated and i slept with another man and got pregnant well now me and my husband are back together and this guy is telling me that I cant leave oregon after this child is born to be with my husband. Is this true?

ANSWER:

NO, that is NOT true. Indeed, completely bogus.

YOUR QUESTION:

My husband is in the military and his job will require us moving a lot. I want to cut this guy out entirely. He is telling me he is going to see a lawyer sometime this week to see all the rights he has. What can I do about this?

ANSWER:

Nothing. If he wants to see a lawyer about his rights, there is nothing you can do to stop him from doing so.

YOUR QUESTION:

Is the attorney going to tell him he has a bunch of rights?

ANSWER:

Probably not, at least if the lawyer is honest about it.

YOUR QUESTION:

Does he have any rights?

ANSWER:

No. As a matter of fact, under the law now in effect here in Oregon, your husband's presumed paternity of the child "may not be challenged by a person other than the husband or wife as long as the husband and wife are married and cohabiting, unless the husband and wife consent to the challenge." So any attempt by the "real" father to inject himself into the life of you and your husband will end up being dismissed, as least so long as you and your husband continued to be married and cohabiting (unless you and your husband consent to the

outside interloper's attempt to establish his paternity of the child).

YOUR QUESTION:

I know that legally my husband's name will be on the birth certificate until he gets paternity. But what if I don't consent?

ANSWER:

I don't understand. Why would you not consent to your husband's name being on the birth certificate?

YOUR QUESTION:

How much will it cost for him to take me to court on this matter?

ANSWER:

Anyehere from $1,000 to $5,000, most likely.

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

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]