Legal Question in Family Law in Oregon

Visitation for a nonbiological father.

My daughter is 3 1/2 years old. When I was 4 weeks pregnant I started dating a man. We ended up better friends than partners and we decided to put his name on the birth certificate even though he was not the biological father for insurance reasons and he wanted to be an active part in her life. He has come and go and does love her to the best of his ability. His newest girlfriend, who does not know he is not the biological father, wants him to have regular visitation, every other weekend, 6 weeks during the summer and holidays and have proceeded with papers through the courts. I want DNA testing and his name off the birth certificate. He has ended up being a horrible alcoholic, does not see his other 2 daughters and rarely works. Do you think he will get regular visitation?


Asked on 2/26/08, 5:24 pm

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Visitation for a nonbiological father.

I suspect most attorneys, at least those in the Portland area, are going to (1) tell you that there is nothing you can now do and/or (2) tell you to get in touch with me (as I seem to know a little bit more about paternity law in Oregon than most other attorneys, since I pretty-much wrote the book (and some of the actual law as well).

Just exactly and specifically HOW did you "put his name on the birth certificate"? And when did that occur? (How long ago?) And have there been any court proceeding pertaining to custody and visitation issues? If so, in which county? And what kind of relationship, if any, as a practical matter, does he now have with the child?

This is a complex and evolving area of law, not well understood by most attorneys, even experienced family law practitioners.

Suggest you contact a lawyer for further consultation. If you want, you may call me and we can arrange for an office conference to further discuss and evaluation your case. I would then be in a much better position to render legal advice than can be done with this forum.

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]

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Answered on 2/27/08, 4:53 am


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