Full question:
I had my daughter two years before we were married in 1999. In 2002, he took off with her to Michigan and has threatened if I come for her he will take off with her again. I need to know if he even has any rights since we were not married at the time of her birth.
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Oregon
Answer:
Without a court order for custody or visitation, a person with custody rights may commit parental kidnapping if they take or conceal the child to deprive another person of their custody rights. Laws on custody interference vary by state and aim to protect parental custody from unlawful interruptions.
The outcome depends on whether you obtained a divorce and if there is a current custody order. Unmarried fathers have rights similar to those of married fathers. To ensure both parents are recognized legally, they should both be listed on the birth certificate. If the father is not listed, he can be added later by contacting the state Bureau of Vital Statistics. Paternity must be established for the father to seek custody or visitation. This can be done by signing a declaration of paternity or through a civil lawsuit.
In many states, if a child is born to an unmarried mother and there is no established paternity, the mother has custody. Even after paternity is established, if there is no custody order, the mother usually retains custody. However, unmarried parents have the same visitation rights as divorced parents unless there are extraordinary factors like abuse.
Once paternity is established, the father can seek custody or visitation. Courts generally consider the child's best interests when deciding custody issues. If parents cannot agree on visitation rights, they can petition the court for a resolution. If paternity, custody, or child support is contested, it is advisable to seek assistance from an attorney experienced in these matters.
Both parents are legally obligated to support their children, regardless of marital status. If they cannot agree on child support, the court may intervene. Courts also determine who makes decisions about the child's education, health care, and religious upbringing. In Oregon, paternity can be established in several ways, including marriage at the time of birth or through paternity proceedings (Oregon Revised Statutes § 432.287).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.