The father of my child wants to admit paternity. What can I do?
Both parents can sign an official statement that says that the man is the father of the child. You can get the written form (a paternity affidavit) from your welfare worker, the child support agency handling your case, or by calling the Health Division at (503) 731-4268. The form must be signed, notarized and returned to the Health Division.
If the form is signed in the hospital within 7 days of the child's birth, it does not have to be notarized. A hospital employee will witness it instead.
The father of my child will not admit paternity. What can I do?
A paternity lawsuit, also called a filiation suit can be filed. In a paternity case, a judge or jury will decide whether the man is the father. There is no time limit for starting a paternity suit.
If you are getting welfare, the Support Enforcement Division (SED) will start a paternity suit on behalf of the state, at no cost to you. SED may file even if you do not want paternity established. But if you do not want SED to file a paternity suit, you can ask welfare for a hearing. At the hearing you must show that there is a good reason, like danger to you or the child, why a paternity suit should not be filed.
If you are not getting welfare, you can ask your local District Attorney to file a paternity suit on behalf of the state. A private attorney may be able to assist you in having paternity established.
I've never admitted paternity but I want to see my child now.
What can I do?
If you want a legal right to see 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 considers you to be the father (unless your divorce decree says otherwise). If you were not married to her when the child was conceived, you will have to establish your paternity of the child and ask for parenting time. Along with your request for parenting time will come the responsibility of financially supporting the child.
If you are the father, and want to establish rights to see your child, it is important to consult an attorney about your parenting rights. Some men believe that the court will automatically set parenting time for them when the mother initiates a paternity action. If you do not assert your rights, you may end up with the obligation to pay for your child, without court ordered parenting time. An attorney may be able to help you assert a claim for parenting time or custody.
When paternity is established will I get custody of my child? Maybe. A court deciding the issue of paternity will usually decide custody, child support and parenting time if one of the parents files the correct legal papers.
There is a special custody law that applies to paternity cases: if the final papers do not state custody and parenting time terms, then the parent who had physical custody of the child at the beginning of the paternity case automatically has legal custody. Also, if paternity was established by the sworn statement method, the parent who had physical custody when that form was filed with the Health Division automatically has legal custody.
This law might help you get your child back if the child is taken by the other parent. But final papers in a paternity case do not always say which parent had custody at the beginning of the case. And if paternity was established by the sworn statement method while the parents were both living with the child, this law may not be much help. You may need a separate lawsuit to decide custody and parenting time.
What should I do if I am served with court or agency papers in a paternity suit?
Your papers give you a limited period to respond to them. Normally, you must file formal papers called pleadings or written objections to the papers. It is best to allow an attorney to assist you in protecting your legal rights. If you fail to respond to the documents correctly or within the time frames that are provided you run the risk of losing your right to be heard in the case. or the District Attorney). If you do not assert your rights, you may end up with the obligation to pay for your child, without court ordered parenting time. An attorney may be able to help you assert a claim for parenting time or custody
