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

Q: My child’s mother and I are unmarried. After paternity is established (DNA TEST), how is custody established?

She is still legally married but separated from her husband, we plan to get me recognized as the father through CHS DNA testing- But when and how do I obtain rights for visitation/custody? Is it automatically granted or do I have to pursue it in court? I live in Ashland, Oregon

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

A: Paternity when the mother is still married to another man can be tricky. I suggest you read this statute and talk to an Attorney. https://www.oregonlaws.org/ors/109.070 You don't have any rights to custody or parenting time until paternity is established.

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