Family Law
What are a father's responsibilities and rights?
Both parents, including fathers, are responsible for supporting their children. Fathers have a right to either custody of the child or visitation with the child. The father who does not have custody has the right to know how the child is doing in school and about the state of the child's health.
The man who fathered my child will not admit it. What can I do?
You can request the district attorney or a private lawyer to file a paternity suit. This is also called a filiation suit. In a paternity suit, the judge will decide whether the man is the father.
If you are on welfare, the Support Enforcement Division may start a paternity suit for you (and try to get a support order). If you do not want them to file a paternity suit, you must show there is a good reason (like danger to the child) why a paternity suit should not be filed.
What should I do if I am served with court papers in a paternity suit?
If you are not the father and do not want to pay child support, you should consult a lawyer right away and file a response within 30 days. It is very important not to miss any deposition (questioning) or court hearing dates listed in the papers you are given. If you do not appear, you may be declared the legal father and ordered to pay child support.
If you are the mother and do not agree with what is in the papers, you should consult an attorney right away and rile a response within 30 days.
How is paternity decided?
Unless the man admits he is the father, paternity will be decided in a court hearing. The best way to prove or disprove paternity is with blood tests of the man, mother, and child. Unfortunately, these tests cost from $275-500. If X is suing you to establish paternity, and you cannot afford the blood tests, you or your lawyer should ask the judge to have the state pay for these tests. If a private party is suing you to establish paternity, you can ask the other person in the case to be made to pay. The judge will decide who should pay for the tests, sometimes based on the outcome of the case.
For married couples, how is paternity determined?
The husband is the legal father if the child was conceived during the marriage while the couple was living together. If the couple was not living together when the child was conceived ,the husband is still considered the father unless he challenges this. If the husband is not the father, you should consult an attorney as there are several ways to handle this matter.
How can a father admit paternity without going to court?
Paternity can be established through a written sworn statement signed by both parents naming the man as the father of the child. To get the written form, contact the Health Division and ask for a Declaration of Paternity (Form VS 21). You can reach the Division by calling 229-5895 (vital records) in the Portland area, or 1-800-238-5355 (toll free) in the rest of the state. The form must be signed, notarized, and returned to the Health Division.
What if I've never admitted to paternity but want to see my child now?
You can try to make arrangements with the child's mother. However, if you want a legal right to visit the child, you must be legally recognized as the father. If you were married to the child's mother when the child was conceived, the law presumes you are the father, unless a court order states that someone else is the father. If you were not married to the mother, you will have to admit paternity to the court to ask for legal rights, including visitation. In this case, you should be aware that you may then be ordered to pay child support. Paternity.2.wpd (7/00)
The statutes referred to can be found in the Eugene Public Library, and in the Lane County Courthouse located at 125 E. 8th Avenue, Eugene, Oregon, 97401.
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.
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