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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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    “The lawyers and staff at Baxter Harder are very knowledgeable and professional in every aspect of their company. They are by far the best team to have on your side when tackling confusing and frustrating legal issues. They are lawyers who truly care! Thank you Casey, Joseph, Emily, and Nicole so much for all you've done.”

    Jessica

  • All around a FANTASTIC attorney!!!!

    “I would recommend Casey to anyone needing a criminal defense attorney. Casey has fought on my behalf in the Deschutes County court system for almost a year now. He was granted to me as my public defender. I've never seen an attorney work harder for a client. He has been compassionate and supportive...from day one he explained each facet of my case to me in terms I could understand, and walked me through each step of the legal process of my case. Because of Casey's experience and hard work, I was able to present the state with positive proof of my own progress and get two of my charges dismissed and my original charge continued on a conditional discharge. Casey helped me show the state that I had worked very hard to change my life and lifestyle...and he went above and beyond to make sure I was given credit for all of my hard work. All around a FANTASTIC attorney!!!!”

    Polly

  • We appreciate all that Casey provided for our family and will refer him to others.

    “Casey Baxter was retained by myself and my husband to assist with a DUI case for my husband. My husband was sick at the time battling cancer and Casey was instrumental in assisting us with the communication to the DA to allow my husbands case to be set forward while he was going through treatments. Unfortunately for my husband he lost his battle with Cancer and had it not been for Casey we would have had much more to worry about than his care. Because Casey took on the task of communicating with the DA and the courts we were able to spend the quality time with my husband that he needed before he passed.”

    Anonymous

  • The extra mileThe extra mileThe extra mileThe extra mile

    “Mr. Baxter and his staff care. Plain and simple. They care what happens to you. From the first meeting I never felt like a name or a number. I was a person whose outcome mattered. I was charged with two felonies and without the hard work and knowledge of the courtroom that Casey provided their is no doubt I would have been convicted. It was amazing to watch Casey battle back when things seemed to be going the other way. He studied case files and did his homework late into the night so as to insure a favorable outcome. I'm so thankful I didn't plea bargain and allowed Casey to show me his skills. His knowledge at times seem to even help the judge. The cocky District Attorney who felt he had it wrapped up truly walked away with his head hung. Casey Baxter knows the courtroom, he knows the law, he knows what will work and not work and most of all he respects his clients. He understands and cares about the fact that his performance will have a profound effect on your life. I interviewed 7 lawyers in the area. Casey was the last one I interviewed. So thankful I went with Baxter Law as today Iam a free man and can get on with my life. Thank you Casey. Thank you Emily :)”

    Mark U.

  • 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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