Medford, OR asked in Family Law and Child Custody for Oregon

Q: My child's father didn't want to be named on her birth certificate when she was born. I want to establish paternity.

Can he file for sole or joint custody, once paternity is established? We moved in together when she was 4 and split a year ago,when she was 15. I have always been the main caregiver, she is developmentally delayed. I am worried he will get joint custody and that could be destabilizing for her.

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1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Divorce Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: In Oregon, legal custody refers to the parents' decision making authority, not to the time spent with each parent. A parent with sole legal custody would solely make all major decisions regarding a child's health, education and welfare. Parents with joint legal custody would make those decisions together. Your concerns appears to be about when the child will reside with her father. The court will probably try to maintain the parenting plan (schedule) that the two of you have developed over the past year, if one can be identified. Changes to a child's residential schedule are typically viewed as detrimental because they adversely affect the child's stability. Changes to the schedule may be made when the benefits of the change outweigh the detriments of the change. You should consult with an attorney, who will need more information about the specifics of your case before giving advice you can rely upon.

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