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Bend, Oregon Paternity Lawyer

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.

Establishing Paternity in Oregon

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:

  • Through presumption, if the parents are married at the time of the child’s birth
  • By administrative proceeding
  • By filling out a Voluntary Acknowledgement of Paternity form with the Center for Health Statistics (In cases when the parents marry at a time post conception)
  • By having the biological father filing with the State Registrar of the Center for Health Statistics a Voluntary Acknowledgment of Paternity form

How to Establish Paternity Through Court Proceedings

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:

  • The assumed father of the child
  • The husband of the woman who may have a child born out of wedlock
  • The mother of a child born out of wedlock
  • The woman pregnant with a child who may be born out of wedlock
  • The duly appointed / acting guardian of a child or conservator of a child’s estate

How to Establish Paternity Through Blood or DNA Testing

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.

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  • In the end, all criminal charges were dropped.

    “I was referred to Casey from another attorney for my criminal charge of Vehicular Assault of a Pedestrian and Reckless Driving. Casey saw me right away and knew how to handle the case. Since Casey used to work for the District Attorney's office he knew the opposing attorney, their style, and how to direct the case. In the end, all criminal charges were dropped. Thank you Casey!”

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    “I actually hired Casey based on the reviews from Avvo. Since I live in WA, but got my DUII in Oregon, my situation was a little different than some, but Casey has been able to answer my questions all through the process. My case was pretty standard as to what was going to happen (and did happen). Mostly, Casey eased my fears with the whole process and made the ordeal much easier than if I had tried to handle this on my own. ”

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    “I had a rather complicated case. Multiple states involved and multiple scenarios and issues that arose daily. I found Casey to extremely honest and transparent. I felt he gave me the most specific information he could. I never felt he was dragging or putting my case behind other cases. He gave me information in complete transparency and never said what he thought sounded good to me. He wasn't afraid of the tough conversations. I would highly recommend this lawyer and this firm if you need complete transparency and accurate information. His office staff consist of incredible work ethic and professionalism. They are always available and provide precise appointments and feedback if any is available. I have had a great experience and couldn't be happier with the result of my case as well as the journey to attain that result. Best I have ever used.”

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    “Mr. Baxter was very helpful and very knowledgeable concerning the specifics of my case. He essentially streamlined the court process for me, which allowed me to focus on the end details of my case, rather than worry about what possible outcomes there could be. Instead of ending up with two convictions, I was able to enroll in the diversion program, take traffic school, and pay the fines. We all make mistakes, and I was very glad that Mr. Baxter was there to help me with my case. I would highly recommend Mr. Baxter.”

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