Legal Question in Family Law in Oregon

Re: single mom needs visitation law help

YOUR QUESTION:

I am looking for information on visitation requirements for non-custodial dad's when the two parents were never married. All the websites I have looked at talk about divorce situations. Do the same guidelines apply?

ANSWER: YES. Oregon Revised Statute 109.103 reads as follows:

"If a child is born out of wedlock and paternity has been established, either parent may initiate a civil proceeding to determine the custody or support of the child. * * * The parents have the same rights and responsibilities regarding the custody and support of their child that married or divorced parents would have, and the provisions of ORS 107.093 to 107.425 [the Oregon divorce laws] that relate to the custody or support of children apply to the proceeding."

YOUR QUESTION:

Where can I learn what he is allowed to as the non-custodial parent?

ANSWER:

Go to the following website:

http://www.ojd.state.or.us/osca/cpsd/courtimprovement/familylaw/parentingplan.htm

YOUR QUESTION:

Will I one day have to hand my son over to him for the summer?

ANSWER:

Maybe yes, maybe no. Each case depends on its own particular facts and circumstances.

YOUR QUESTION:

What are the differences in regard to parenting time between joint-custody fathers and visitation for non-custodial fathers?

ANSWER:

None. Oregon's joint custody law has no connection with the allocation of parenting time and visitation rights. Under Oregon law, a father who has joint custody is accorded no more or less parenting time then is accorded to a "non-custodial" father. The question is simply based on what is in the best interests of the child, regardless of whether the legal classification is "sole custody" or "joint custody."

YOUR QUESTION:

I am also looking for a resource that will help me know what stipulations to put in the legal papers to file with the court, i.e., he can't take the child out of the state of Oregon, he needs to buy a life-insurance policy that will give the child a cash settlement when he dies, etc . . . What else can I ask for to look out for the best interest of my son whom I love so much?!

ANSWER:

See website mentioned above.

Also go to the following website (Oregon Legal Services) and click on "Family":

http://www.oregonlawhelp.org/OR/index.cfm

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

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-226-1321

E-mail: [email protected]