Legal Question in Family Law in Oregon

Re: Paternity suit after 10 years

Not sure just how your husband's name got on your daughter's birth certificate.

If your husband is the child's biological father, perhaps you and he signed a joint Voluntary Acknowledgment of Paternity form and filed it with Vital Records. That's one way by which the biological father of a child born out of wedlock could get his name on the child's birth certificate.

Or if your husband is not the child's biological father, perhaps he did a stepparent adoption after you and he got married. That would end-up causing his name to be put on the child's birth certificate.

In any event, assuming your husband is presently the child's legal father (regardless of biological reality), a paternity establishment lawsuit by the man who claims to be the child's biological father would have to name the existing legal father as a respondent, since the lawsuit would necessarily involve termination of the existing father's legal standing as the child's father.

And some new laws going into effect on 1/1/2008 may very well allow a judge to bar the paternity establishment proceeding were such a lawsuit to be filed under the facts you describe, particularly if upsetting the present "status quo" would be detrimental to the best interests of the child.

I would be happy to further discuss the matter with you, should further legal advice be desired. Give me a call. We can arrange for an appointment.

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]