Seattle, WA asked in Child Custody and Divorce for Oregon

Q: My wife left me and my son a few months into our marriage but she won’t sign the divorce papers how can I get divorced

I also have our son (3) and have been taking care of him full time and want custody but I’m not on the birth certificate due to emergencies in the hospital, our son was flighted and my wife couldn’t go so I went with him and missed signing it how can I get full custody. She’s been gone and hasn’t spoken to or asked about him in almost 5 months

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: I think there is a presumption that you are the legal father since you were married to the mother. You can probably file for a divorce and include allegations to establish your paternity as well. It's a bit tricky and the on line forms probably aren't set up to do this, so get an Attorney to help you. The mother doesn't have to sign anything. You just file the papers and server her. But you will need to know where she is to serve her the paperwork. (You can also ask support enforcement to establish child support and they will locate the mother and serve her with papers requiring her to pay support and establishing your paternity. You will still need to file divorce papers but part of the work will be done for you at no cost. There are online forms you can use for the divorce.)

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