TEEN FAMILY LAW

Emancipation	Divorce
Teen parents' rights	Abuse
Paternity	Custodial parent's death
Custody	Medical treatment
Visitation	Housing
Child support	Welfare
Termination of parental rights	Legal help
Marriage	Local telephone numbers

Emancipation gives you certain rights of an adult. You must be at least 16 years old, able to support yourself, live on your own, and manage your own affairs. You need to file a Petition for Emancipation with the Juvenile Court in the county where you live and give a copy of it to your parents. The court will set a hearing to make the decision. The judge will decide if it is in your best interest to be emancipated by considering whether you have been living away from your parents and can support and care for yourself without parental assistance and supervision. If the court allows you to be emancipated, your parents will have no duty to support you, you will be treated as an adult under criminal laws, and you will have the right to contract, sue, and be sued. Emancipation does not give you the right to drink alcohol, vote, or marry.

If you are a parent, you have the control over your child. It is your responsibility to care for and make decisions about your child. Your own parents have no legal right to interfere with your decisions concerning your child.

As an unmarried father, you generally have no rights or responsibilities over your child until paternity is established. However, if you have assumed responsibility for your child, you should be provided notice of legal proceeding involving your child. Paternity can be settled by both parents signing a form (called a Joint Declaration of Paternity) with the State Vital Statistics office. It can also be established through a court case, or by the State through a hearing. Either one of the parents or the State can try to prove paternity.

If you don't know if you are the father, blood tests can be required. If you believe you are not the father, you should challenge the paternity action or you may automatically become responsible for supporting the child. If you are found to be the father, the State will charge you for the costs of the blood tests.

In Oregon, both the mother and father generally have equal rights over the child unless a court order has been issued. However, if the parties are not married and paternity has not been established, the mother is the custodian of the child. Once a suit to establish paternity has been filed, the parent with physical custody at the time of filing has sole legal custody until the court orders otherwise. Neither the mother nor the father is presumed to have a greater right to the custody of the child. Thus, either parent can legally keep the child away from the other, although such behavior generally hurts the child.

If a court is asked to decide who should have custody of a child, it will consider what is in the best interest of the child. Which parent has had the primary care of the child is usually the most important consideration. Serious drug or alcohol problems, or evidence of physical or sexual abuse by one parent against the other parent or the child may be strong factors against giving custody to the parent with the problem. People who have established a parent-child relationship with the child may petition the court for custody, guardianship, or visitation if it's in the best interest of the child.

The non-custodial parent normally has visitation with the children. A common schedule is every other weekend and sharing the holidays, but almost any schedule the parties agree on is acceptable.

Grandparents, or a person who has established emotional ties creating a parent-child relationship, may be entitled to visitation if the custodial parent has denied visitation.

Visitation can be denied only if the other parent is a clear threat to the child. Examples include the parent having sexually abused the child or has an uncontrolled drug or alcohol problem that has resulted in neglect or danger to the child. However, if the custodial parent chooses to deny visitation on this basis in violation of a court order, contempt proceedings may be filed. If the child is in danger, it is better to attempt to modify the decree through the court.

It is not acceptable to deny visitation because the other parent has not paid child support.

The parent who does not have custody is normally required to pay support. The amount of support depends on both parents' incomes. The non-custodial parent will have an opportunity for a hearing if he or she disputes the amount of support requested.

To establish or enforce a Support Order, go to the District Attorney's office. If you are on Welfare, the Support Enforcement Division will assist you. (See "Welfare")

Once support is established, it may be withheld from the parent's wages. Failure to pay support may result in further court hearings, fines, and/or prison.

Child support continues until the child reaches age 18, is emancipated, married, or enters the military. If the child attends school or college full-time, support will continue until age 21.

Many people you come in contact with, such as teachers and doctors, are mandated by law to report suspected abuse and/or neglect of children. Once a report is made, Services to Children and Families (SCF) must investigate. If abuse or neglect is found, SCF must get involved to protect the child. They must make reasonable efforts to keep the family together.

If the child is removed from the parent's home, SCF must form a plan to assist the family and return the child, or to terminate parental right. If your rights are being terminated, and you cannot afford an attorney, you need to ask the judge for a court-appointed attorney.

You must be at least 17 years old and have the consent of one of your parents if you are under 18. You need a marriage license from the county in which you will marry, but no blood tests are required.

Oregon is a "no fault" divorce state, so you don't need to prove abandonment, adultery, abuse, etc. A divorce determines property, custody, visitation, and support issues between the parties. As part of the divorce action, the parties can go to a mediator who will assist in developing a custody agreement. If both sides agree to the terms of the divorce, there is no need for a court hearing.

It is against the law for one person to hurt or seriously threaten to hurt another person. If you have been abused within the last six months by your spouse, a former spouse, intimate partner, a person you are or have been living with in the last two years in an intimate relationship, the other parent of your child, or a family member, you can get protection through a Restraining Order to Prevent Abuse. To get a Restraining Order in Circuit Court, you must be at least 18 years old or emancipated. Otherwise, you must file for protection in Juvenile Court.

A Restraining Order can order your attacker to stay away from you and move out of your home. Such an order can also give you temporary custody of your children. If you need more information about Restraining Orders, call Victim Services at 682-4523.

If you have custody of your child, you want to make sure your child will be cared for should anything happen to you. Generally, the child will go to the non-custodial parent. Sometimes a grandparent or another relative will ask for custody. In this case, the court must decide who will take the best care of the child.

You may leave a Will, or if you are under 18, a notarized statement, explaining who you want to care for your child and why that person would be the best person to have custody. The judge will take your sworn statement into consideration.

You have the right to seek treatment for venereal disease or birth control without parental consent.

If you are at least 15 years old, you may consent to hospital care, dental care, medical or surgical diagnosis and treatment without parental consent.

If you are at least 14 years old, you may seek treatment for mental or emotional problems, or drug or alcohol problems, without parental consent. However, unless you are emancipated or have been sexually abused by a parent, the treatment provider must involve the parents (unless they refuse) before the end of treatment.

But medical providers may tell parents that such treatments (as mentioned above) have been given.

Landlords may legally refuse to rent to prospective tenants because they are under age 18. Landlords may not refuse to rent to you because you have a child or children, or because you are not married and living with someone. If you do not pay your rent, your landlord can give you a 72-hour eviction notice. Either you or your landlord can break a month-to-month tenancy with a 30-day written notice.

If you are a teen parent living on your own, you may be eligible for welfare. If you live with your parents, you will be eligible for welfare only if your whole family is low-income, unless you can prove that you and your child should be counted separately. If you can buy your food and prepare your meals on your own, you are entitled to receive a separate food stamp grant.

As a condition of welfare, you may be required to finish high school, obtain a GED, or actively seek a job, even though you are caring for a young child. The Welfare Office must provide you with money for child care and transportation if they require you to participate in the JOBS program.

Another condition of welfare will be to cooperate with the establishment of paternity and to assign present and past support payments to the Welfare Office. If you do not wish to establish paternity and/or a support order because it would place you or your child in danger, you may decline to do so if you have "good cause" (such as abuse).

If you are involved in any case in juvenile court except emancipation, you have the right to request a court-appointed attorney. If you are low-income, an attorney will be provided to you free of charge.

The Oregon State Bar offers free initial consultation to teens (called "Problem Solvers") through the Lawyer Referral Service. Call 1-800-452-7636.

For general legal information, you may call Tel-Law on a push-button phone and listen to recorded messages on various subjects at 1-800-452-4776. Some subjects include: Landlord/Tenant, directory 682; Legal Information for Teens, 907; Restraining Orders, 909; Foster Care, 910; and Name Change, 906.

If you are low-income, Lane County Law and Advocacy Center, located at 376 East 11^th Avenue, Eugene, may be able to help you with some kinds of legal problems free of charge. You may drop by during our intake hours, Monday through Friday, 1:00 p.m. to 3:00 p.m. 

Adult and Family Services (AFS)       Main Branch  686-7878      West Eugene  686-7722      Springfield  726-3525 Services to Children & Families (SCF)      686-7555 Crisis Assistance (CAHOOTS)      687-5111 Lane County Law & Advocacy Center      485-1017 - 1-800-575-9283 Lane County Legal Aid Service       341-6056 - 1-800-422-5247 Lane County Mental Health  682-3608

Looking Glass      New Roads  686-4310      Station #7  689-3111      Youth & Family Services  686-2688 Oregon Hotline for       Women  1-800-SAFENET      Children and Teens  723-3638 Support Enforcement Division (SED)      Eugene  686-7834      Springfield  726-3525 Womenspace Crisis Line      485-6513 - 1-800-281-2800 TEENLAW.WPD (7/00)

Click here to view Oregon Revised Statutes online.

THIS PAMPHLET IS A GENERAL STATEMENT OF LAW AND PROCEDURE AND NOT ASUBSTITUTE FOR SPECIFIC LEGAL ADVICE.  IT MAY GIVE YOU SOME IDEA OF YOUR RIGHTS, BUT THE LAW IS ALWAYS CHANGING THROUGH ACTIONS OF THE COURTS AND LEGISLATURE.                So when a problem arises . . . SEE A LAWYER! Don't know a lawyer?  Contact the OREGON STATE BAR REFERRAL SERVICE (Toll Free Number: 1-800-452-7636).  Can't afford a lawyer?  If you live in Lane County, contact Lane County Legal Aid and Advocacy Center, 376 East 11th Avenue, Eugene, Oregon 97401 (541-485-1017).  In other Oregon counties, check the telephone yellow pages under the heading "attorneys" for the Legal Aid or Legal Services office closest to your city. We do not accept applications by e-mail.  For assistance, please contact our office in person or by phone.

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