Portland, OR asked in Family Law for Oregon

Q: Can a non biological father get visitation rights to see their son?

I am a divorced father of a 4 year old and 7 year old sons. I am the biological father of my 4 year old and have joint custody of him. How ever I am not the biological father of my 7 year old. They have the same mother. I got together with my ex-wife when she was pregnant with the 7 year old. We were married for 5 years a divorced 6 months ago. Up until recently she allowed me to have regular visitation with both boys. Now do to a non related argument she is taking him out of my life of my life. This will hurt my 7 year old and I greatly. Is there any type of oregon law that will give me visitation rights since I have been his father his whole life?

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2 Lawyer Answers
Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: Probably - it would be under this law: https://www.oregonlaws.org/ors/109.119. You have to file while you still meet the qualifications as defined by the law, so you should hurry and get an attorney and get something filed if the mother only recently cut off your visits. Read the text of the law and you will understand what I am talking about.

Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Beaverton, OR
  • Licensed in Oregon

A: Joanne is once again correct. Also note that if in the divorce judgment, the court determined that you are the legal father of the 7 year old, then you are entitled to parenting time with him even though you are not the bio father.

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