Child Custody Laws for Unmarried Parents | Oregon Divorce Lawyer
When a child's parents are unmarried, the way in which they handle child custody issues after a break-up can be different than they would if. Oregon divorce & child custody attorney Michael Romano explains of abuse against the parent or child and that a continuing relationship. Information about custody of children in family law cases in Oregon. parent is more likely to help the other parent keep a close relationship with the children.
If paternity has been established, unmarried parents usually have the same rights and responsibilities toward their child that married parents have - custody, parenting time, and child support. At the time you and your partner separate, you may want to file a court case to determine who has custody, a parenting time schedule, and child support terms.
Return to top My same-sex partner and I have a child but I am not the biological parent. What are my parental rights?Custody and Parenting Plans
In same-sex partnerships, the non-biological parent of a child born during the relationship can have parental rights in certain circumstances. To determine whether such rights exist, or how they may be established, you should consult with an attorney. Return to top Can the judge deny a parent custody just because he or she is a homosexual?
A judge cannot consider a parent's lifestyle in making a custody determination unless the lifestyle causes emotional or physical damage to the child. If you or your partner's homosexuality will be brought up in a custody case, you should consider hiring a lawyer.
Return to top How can a nonparent get legal custody of my child?
Sometimes a judge will grant legal custody to a nonparent, usually a relative, such as a grandparent or stepparent who has been living with your child and providing day-to-day care on a regular basis. Judges tend to award custody to third parties only if the judge finds that there are very good reasons not to give custody to the natural parents.
A nonparent can request custody in your divorce case, any other court case involving the child's custody such as guardianship, or where juvenile court or the Child Welfare Program of the Department of Human Services is involvedor in a separate lawsuit.
These are sometimes called "psychological parent" cases.
Usually, a judge cannot award custody to a nonparent unless that person has filed legal papers that ask for custody. Because the law in this area is complicated, it is a very good idea to talk to an attorney for advice.
Return to top Without a custody order, what rights do I have? Married parents have equal rights to have custody of the child until a court order changes this. If your child lives with you, you may be able to work out many day-to-day issues about your child. You cannot force your spouse to return your child after a visit, or enforce any other agreement, unless you have a court order.
When parents are unmarried and paternity has not been established, the mother has legal custody and the father has no custody or parenting time rights. When parents are unmarried and paternity has been established by signatures on the birth certificate or in a lawsuit often handled by the Division of Child Support or the District Attorneycustody might have been granted by the law to the parent who is the child's physical caretaker, even though no court order says so.
If paternity has been established and there is no law or court order giving one parent custody, both parents have equal rights to custody. Can I get legal custody before my divorce or other custody case is final?
Can I represent myself in a custody dispute?
Yes, but it is a good idea to get a lawyer. If the other parent has a lawyer, you probably will need one. Return to top Can I get custody without filing for divorce or bringing a separate custody case? If you have been a victim of abuse within the last six months, you may be able to get an emergency restraining order with custody under the Family Abuse Prevention Act. The court can make a custody decision only if your children have lived in Oregon for 6 months, need emergency protection, or in some special situations when they have ties to the state.
These orders usually last for one year. But if the other parent requests a hearing, the judge might change custody or parenting time terms, depending on the evidence. You will eventually need a permanent decision about custody in a divorce or other custody lawsuit. Return to top What rights do I have if I don't have legal custody of my children?
Unless a court orders differently, a parent without legal custody has the right to know about how the child is doing in school and to have information about the child's health. This is in addition to any court-ordered parenting time. Return to top Can I get the police to help me get my child back if I had an agreement with the other parent about child custody?
Usually, the police will help you only if you have a court custody order. If you have filed for a divorce and reached even a temporary agreement, it is a good idea to have the judge approve the agreement and make it a court order.
Understanding Child Custody Laws for Unmarried Parents in Oregon
Return to top If I have legal custody, do I have to tell the other parent that I'm moving? Not if you're moving less than 60 miles farther from the other parent unless a court order says you have to give notice even for this short move. A child's grandparent may be granted an order for reasonable visitation if: The grandparent has established or attempted to establish ongoing personal contact with the child The custodial parent has denied the grandparent reasonable opportunity to visit the child Grandparents may petition the court during the parents' dissolution divorceseparation, annulment, unmarried parents custody case, or if there has been a change in the circumstances relating to the parent or the minor child.
The Oregon Judicial Department does not offer forms for this. This process can be complicated and you are strongly encouraged to consult with a lawyer for assistance. FAQs What is parenting time? Parenting time is designed to benefit the children. What is a parenting plan? All orders about custody must include parenting plans. Parenting plans may be detailed or general, but usually must identify a minimum amount of parenting time for the parent who does not have custody.
I'm not married to the other parent and paternity hasn't been established. Can I file for custody?
8 Things to Know About Oregon Custody Laws | nickchinlund.info
Sometimes a case for paternity can also include decisions about custody and parenting time. Oregon also offers equal rights to both the mother and the father, so long as paternity is established. In fact, Oregon courts almost always favor arrangements where the child can have both parents playing active roles in their life. For the most part, parents can go about seeking child custody in the same way, whether they are married or not.
Child Custody in Oregon: The Best Interests of the Child | DivorceNet
Unmarried Fathers Unlike mothers, fathers are not automatically granted parental rights unless they are married to the mother at the time the child is born. When a married couple has a child, the law assumes the husband is the father, and thus his paternal rights are established. Once paternity is established, the father will then have rights to pursue child custody and visitation. What Mothers Need to Know For mothers, establishing paternity might also be one of the most important steps in a legal issue.