In most states, if a child is born within a marriage between a man and a woman, the law automatically assumes the husband is the biological father. The father does not need to be established in these situations, but, if one wants to disprove it, it should be done as close to birth as possible. In Oregon, a biological father is obligated by law to support his child from birth. For unmarried parents, fatherhood must be determined before child support benefits can be approved. The state will assist in establishing paternity for the purposes of imposing a child support obligation on the father. However, it will not assist in resolving custody and parenting time issues. Paternity can most easily be settled by the biological father and mother signing a document called a Voluntary Acknowledgement of Paternity after the child’s birth. This document is typically provided at the hospital and, if signed, is submitted to the Center for Vital Statistics which then allows the state to issue a birth certificate with the father’s name included. If the acknowledgement is not signed, then fatherhood can be determined at a later time through court order. In this situation, one should speak to a paternity lawyer.
Can a Family Law Firm Help Me?
It is common to get the help of an attorney when establishing paternity through a court order. Lawyers may represent not only the alleged father, but also the biological mother in these types of cases. An attorney can help ensure a father is recognized as a biological parent, and also assist in custody and parenting issues as well.
Other Benefits to Establishing Paternity
In addition to child support, having your child’s father legally established entitles that child to death benefits and social security if appropriate. It also makes it possible to petition for healthcare coverage or assistance in paying for healthcare coverage for the child. Additionally, it gives the child legal access to the father’s medical history which can play a critical role in the child’s health. These are all important reasons to ask your attorney to help you establish the child’s paternity as soon after birth as possible.
Establishing Paternity for Unmarried Parents
While both parents need to sign the Voluntary Acknowledgment of Paternity form, only the mother needs to sign a Declaration in Support of Establishing Paternity form. Once this form is completed, paternity will be legally established if the father does nothing for 30 days after being served the declaration. If he chooses to contest the declaration, The Oregon Child Support Program will help with genetic paternity testing in order to conclusively determine whether he is indeed the father. The Oregon Child Support Program also offers assistance in establishing paternity to men who want to be declared the biological father. Seeking the assistance of a paternity lawyer can make the process easier for both parents.