Portland, OR asked in Child Custody, Child Support and Family Law for Oregon

Q: I signed my daughters birth certificate & pay child support, what right do I have in Oregon. She is being kept from me

The mother of my daughter will not let me see my daughter I saw her last when she was 1, and she is now 10. She tells our daughter her husband is her father, and she will not tell her about me or let me see her. I still pay child support every month. I believe I should be able to see my daughter. It's wrong

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

A: Unfortunately the legal process to establish parenting time is often separate from the process that establishes child support. That is because the State has a federal mandate to pursue and collect child support any time someone requests any type of state assistance or even if the just ask the State to establish child support. As getting child support established is a free service that people get from the State, nothing more will happen unless you initiate it. Fortunately Oregon has free forms online and at the courthouse that you can use to apply to get your parenting time established. You just won't have any free legal help. But you can go to a lawyer for assistance or just for a one time consult to get a better understanding how the legal process functions for establishing parenting time..

You should be entitled to regular visitation with your child. Since your child doesn't know you I would recommend proposing a parenting time plan with day visits for a while until the child gets to know you and feels more comfortable and then the visits should progress to you having the child every other weekend. Of course if there is a big distance between where you and the child lives, this may need to be adjusted to fit the long distance situation. But generally speaking a non-custodial parent will get every other weekend, a midweek visit during the week, longer visits when the child is not in school like a few weeks in the summer, and unlimited access to attending the child's school and extra curricula activities (that parents normally attend) as well as the right to talk to the child's teachers, attend parent teacher conferences, and request medical information related to the child.

This is generally speaking. If the other parent raises concerns such as criminal issues or substance abuse that the court finds to be credible, the court may order a more limited form of visitation. But even in that situation, the court will usually come up with a plan that allows visitation.

I highly recommend you start by reading the free helpful over view articles on the Oregon State Bar website under the Family Law heading: http://www.osbar.org/public/legalinfo.html#family

Stephanie E. Emanuel
Stephanie E. Emanuel
Answered
  • Divorce Lawyer
  • Bronx, NY

A: If you are paying support ordered by the court, you have the right to see the child unless you are endangering her life. But I think you should consult with an attorney to get back with your daughter. The longer you wait the harder it will be for you both emotionally and financially. For now, you can use free consultation with an attorney to go over your options.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.