Legal Question in Family Law in Oregon

Re: Putative Father - Custody Fears

YOUR COMMENT:

"A week ago he filed an Acknowledgment of Paternity Affidavit - thinking that would give him 50/50 custody rights....."

REPLY: Under Oregon law, the Acknowledgment of Paternity Affidavit requires signatures of both parents. He can't just file this document with Vital Records without your joining-in (which I assume you did). You thus opened the door for him to now take legal action that very well might result in the court taking away from you, at least in part, the "control power" that you previously had (and would have continued to have but for your joining with him in filing the Voluntary Acknowledgement of Paternity form.)

YOUR COMMENT:

I understand that the next step is to file a Petition for Custody, Parenting Time, and Child Support. How likely is it that I will receive Full Custody and be able to control the visitations?

REPLY: With legal paternity now having been established (that being the result of the filing of the Voluntary Acknowledgement of Paternity form), if he takes any court action at all, it would probably be for the purpose of obtaining a court order that either gives him full custody, or perhaps joint custody, or at the very least he would seek a court-order imposing on you a specific parenting time (visitation) schedule, detailing when, where and how he will have access to the child, etc. You would then be required to comply with the court's order whether you agree with it or not. He probably would not be asking the court to order him to pay child support (nor is he required to make such a request; thus leaving it to you to raise that particular issue).

And if he asks for a court-ordered plan for specific parenting time rights, the court in all likelihood would grant his request, with the order being tailored so as to adequately protect the safety and best interests of the child, as determined by the judge, not as determined by you.

LDG