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

Q: if there is no court orders can my daughter be kept away from me by her dad and not allow me to see her? oregon

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

A: At this point you need a court order to prevent this behavior. You will need a parenting plan. If you are married this is part of getting divorced. If you aren't married but paternity has been established you can use forms at the courthouse, also on line, to petition for an order of custody and parenting time. If paternity has not been established then only the mother would have legal custody.

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

A: To clarify, the mother on the birth certificate would be the only legal parent until the father's name is added or the father is otherwise established as the biological father. So if the father is keeping your child and he is not established as the father yet you may be able just to go and get your child with the aid of the police other the police sometimes don't want to be involved. Otherwise you file a petition for paternity and custody and a parenting plan. Talk to an attorney if you have questions.

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