When it comes to establishing paternity in Oregon, a legal action will need to be undergone. This action, called a filiation, will show biological fatherhood of a man who was not married to the mother of a child. Establishing paternity is important for all parties who are involved. Once paternity is established; the legal father is able to gain rights to custody and visitation, and also obtains legal obligations related to being the child’s father. The child is then able to inherit from the legal father and the mother may be able to obtain child support.
There are several different ways for paternity to be established. A paternity proceeding can begin through the state, the child’s guardian, the other, or the assumed father. The other ways to establish paternity include:
If there is no agreement on paternity matters, you can establish paternity through a court proceeding, called a filiation. The person filing is the “petitioner” who can initiate it when a child is born out of wedlock or when the mother is pregnant with a child who might be born out of wedlock. The “respondent” can be one or more individuals, such as:
In a paternity action, blood or DNA tests are often used. They can be ordered by the court and state to assess the likelihood that the man in question is the biological father of the child. If the test reflects paternity to a 99% or more certainty, paternity is presumed and the court will then enter a judgment with those findings. In some cases, paternity is also provable in court through documentary and testimonial evidence.
This can be a complicated area of the law. For more information, please contact a Bend family law attorney at Baxter Harder, LLC.