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Fill out your court forms. Fill out 1 of these court forms too if the complaint asks for child support: Have your forms reviewed. Make at least 2 copies of all your forms. Serve your papers on the LCSA/DCSS. Have the person who served your Answer fill out the Proof of Service.
One parent gets legal custody of the children. Both parents have joint custody. In families with more than one child, one or more children live with one parent and one or more children live with the other parent.
When the father and mother agree that the child is his, paternity may be legally established by completing a Voluntary Acknowledgment of Paternity ». The form must be signed by both parents, notarized, and filed with Oregon Vital Records. Your local child support office can help complete this process.
According to family law, the mother automatically gains custody of the child if she is unwed to the father. There is no need for unwed mothers to take legal actions to fight for the child's custodial rights, even the decision to determine the father's role in their child's life.
Gaining Custody Rights If an unmarried couple is raising their child together in the same home, custody is not an issue. But if at any time they separate, the father will need to petition a court to establish custody rights.
Get on the birth certificate. Once your child is born, the easiest way to establish paternity is by getting your name on the birth certificate. Get an order through an administrative agency. Get a court order.
Oregon Custody Law Does Not Favor Either Parent Fathers' rights in Oregon are viewed as equal to mothers' rights. Instead, according to Oregon custody law, courts largely base their decisions on what is in the best interests of the child.
In general, a child cannot legally decide which parent to live with unless they are emancipated or reach the age of majority. However, let us assume that parties in a divorce are dealing with a custody and parenting time dispute related to a 16-year old child.
If the parents are unmarried but have paternity established, both will generally have equal custody rights. In fact, Oregon courts almost always favor arrangements where the child can have both parents playing active roles in their life, but will always put the child's best interests first.