Paternity Law in Oregon
Establishing paternity is important for fathers and children. A father has no rights to his child until he is legally recognized as the father. Additionally, children could lose out on workers' compensation and Social Security benefits because of a father's death or disability, if the man is not considered the legal father. Oregon's paternity law sets forth several ways of establishing paternity.
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Paternity by Marriage
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In Oregon, a man is considered a child's legal father if: (1) the child was conceived while the couple was married, even when the marriage ended before the child's birth, (2) if the couple was married at the time of the child's birth or (3) if the parents get married after the child's birth and they sign and file a paternity acknowledgment form with the State Register of the Center for Health Statistics.
Paternity by Voluntary Acknowledgment
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If unmarried parents agree that a man is the child's father, they must sign a paternity affidavit. The form can be obtained from a county health department, a welfare worker or Oregon's State Health Division. The form and filing costs $40. Both parents must sign the form and have it notarized before returning it to the state health division.
If the affidavit is signed at the hospital less than seven days after the child's birth, the form does not need to be notarized and there is no fee for filing. Instead, a hospital employee can witness the parents signing the affidavit.
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Paternity Lawsuits
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A paternity lawsuit in Oregon can be filed by: (1) the child's mother, (2) the child, represented by a court-appointed guardian, (3) a man who believes he's the child's father and (4) the child's guardian, if someone other than a parent. Paternity petitions must include the following information: (1) the mother's name, (2) facts that establish the petitioner has a right to seek a paternity determination, (3) the claim that the named man is the child's father and (4) the probable dates that the child was conceived. If a man does not admit that he is the child's father, a court will make a paternity ruling after a genetic test is completed. A cheek swab is taken or blood is drawn from the child and the alleged father. The results will determine whether or not the man is the child's biological father. The court will then affirm the test results and, if necessary, issue a paternity order establishing the father's legal rights.
Custody
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Once paternity has been established, the father has the right to seek custody. If there was a paternity suit in court, the court will also decide custody, child support and visitation. Before the conclusion of the paternity suit, the parents must sign the order agreeing to the custody decision, child support and visitation or "parenting time schedule." Oregon's paternity law includes a provision that states that if those final papers are not properly filed, the court's custody order is void and the parent who currently has custody will retain custody.
Best Interests of the Child Standard
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During a paternity action or separate custody suit, an Oregon court will decide custody based on the "best interests of the child" standard. Joint custody is the preferred arrangement, unless one parent has a history of violence. Otherwise, either parent has an equal right to custody. In making its determination, the court will examine: (1) the child's preference, (2) which parent has served as the child's primary caretaker, (3) the emotional bond that the child has with each parent, (4) whether the parents can cooperate with each other in caring for the child and (5) each parent's fitness to raise the child.
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References
- Photo Credit children with father image by Marzanna Syncerz from Fotolia.com
