Legal Question in Family Law in Oregon
Paternity Rights
My boyfriend has a 1 year old daughter. He is not married to the mother. Both parties agree that he is the father of this child and it was a planned pregnancy. They separated shortly after the birth. The fathers name was never put on the birth certificate.
How does he go about obtaining legal visitation rights with his daughter. The mother has threatened to move out of state and has total control over any current visitations.
The father does have a record in the state of Oregon for several misnameaner charges. None are related to the child.
Will this affect his rights as well?
1 Answer from Attorneys
Re: Paternity Rights
The father must do all he can to protect his rights. He should provide and offer to provide financial support for the child and he must file a paternity petition IMMEDIATELY. His misdemeanor charges will have no bearing on the question of his legal paternity. If he has any ability to parent, the court will set a regular parenting time (visitation) schedule that he will be able to enforce through the court if the mother or anyone else interferes. The courts will waive or defer filing fees so expense shouldn't prevent him from doing this. If he delays too long, she could put the child up for adoption and if he hasn't had contact with the child she could put the child up for adoption without first providing notice to him. Most County Circuit Courts have forms for this purpose. Feel free to call me at 503-999-8333.
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