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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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    “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 :)”

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    “My experience with Casey was more than I could have even ever imagined. I have never had one of my children in trouble before. He explained everything to me, was very patient with all of my questions and was able to get my son the best deal he could for him. My son said nothing but positive words about Casey and knowing that he was in Cory's corner made this awful process manageable for me. I didn't really understand all the verbiage while the lawyer was explaining next steps during all these court hearings, but Casey would take me outside the court room and explain what was going to happen next. I am very thankful for him - so is my son.”

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    “Well I was recommended to Me Baxter from another local attorney that handled my complicated caseloads for years before we had a falling out due to my inability to communicate. So I have God on my side and some criminal and civil cases that are very complex and from what I've heard and my faith that God has pointed me in the right direction I look forward to working with Casey and his team!”

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