My question involves paternity law for the State of: Oregon.
My ex-wife and had been married for 2 years and were having trouble having kids. The pressure inflamed an alcoholic tendency in her that led to her having sex with another man while we were still married. She soon after had a change of heart and returned to the marriage. There was never any legal separation and we remained married for 9.5 years. Not long after the affair, which I was unaware of at the time, she informed me she was pregnant.
I never suspected that the child wasn't mine and we started the process of bringing a new life into this world. When our daughter was 6.5 months old, she started noticing that there were some similarities between our daughter and the man she had the affair with. She informed me that the baby may not be mine, and at that point, it made no difference to me, that child was mine in my and the child's heart.
She struggled with the decision of what to do and contacted the potential bio-father and they had a non-legal dna test done which confirmed his dna. He tried to get her to remove me from the birth record and move on without me, but she was questioning his motives and could tell that mine were noble and we together decided that our daughter would remain with my name and status of legal father. We contacted the bio-father and told him that we wanted her to know him, but were gonna wait until she was a little older when she could understand the situation to tell her about him and introduce him into her life. We always knew we wanted our daughter to know who he is and have a relationship with him.
After approximately another year, I contacted him and told him that we wanted to introduce him into her life, all the while keeping me listed as the legal father. He agreed and we set about with supervised visits which later led to day visits and some years later, single overnight visits approximately 2 times/month. Throughout this time, he tried asserting himself in ways we felt were inappropriate for the circumstances, such as telling us when and for how long he was gonna pick her up and keep her, without our consent. We had reservations about his intent and expressed that to him.
Although it wasn't a popular decision with him, he eventually backed down and we continued with the visitations. Several times throughout the years (our daughter is now 7.5) he dropped contact for months at a time and when he came back around again, we cautiously started visitations again. My wife and I divorced last year and having some battles with alcohol addiction and subsequent rehab visits, gave me full custody in the divorce. I work two jobs and take care of her full-time. Bio-father is aware of the divorce. Recently, he has been telling her that he is her real dad and that i am only step-dad and that he named her (untrue) and various other things that have really left her (in her admission) hesitant to visit with him because she said she feels like he is trying to take her from me.
I approached him about her feelings, still not limiting access other than to comply with the custody agreement between my ex and I. He blew up and stated that he was going to petition the court and have my name removed from the birth record and he would be awarded custody and my ex and I would get to work out the remaining time between ourselves. I have done quite a bit of research but wanted to see if any legal minds had any Oregon-specific knowledge or input. We are not trying to stop him from seeing her, only to prevent me from being removed from the birth record and having her name changed.
Mother is agreeable that our daughter is in the best place custody-wise and says she will not consent to removing me, but he is adamant that he will be successful. I have been completely truthful with our daughter regarding his involvement and relationship in her life, and she appreciates it tremendously. She is happy where she is, and has no desire to live with bio-father. Any of you have any input, reserving any judgement on marital issues? Thanks in advance...
My ex-wife and had been married for 2 years and were having trouble having kids. The pressure inflamed an alcoholic tendency in her that led to her having sex with another man while we were still married. She soon after had a change of heart and returned to the marriage. There was never any legal separation and we remained married for 9.5 years. Not long after the affair, which I was unaware of at the time, she informed me she was pregnant.
I never suspected that the child wasn't mine and we started the process of bringing a new life into this world. When our daughter was 6.5 months old, she started noticing that there were some similarities between our daughter and the man she had the affair with. She informed me that the baby may not be mine, and at that point, it made no difference to me, that child was mine in my and the child's heart.
She struggled with the decision of what to do and contacted the potential bio-father and they had a non-legal dna test done which confirmed his dna. He tried to get her to remove me from the birth record and move on without me, but she was questioning his motives and could tell that mine were noble and we together decided that our daughter would remain with my name and status of legal father. We contacted the bio-father and told him that we wanted her to know him, but were gonna wait until she was a little older when she could understand the situation to tell her about him and introduce him into her life. We always knew we wanted our daughter to know who he is and have a relationship with him.
After approximately another year, I contacted him and told him that we wanted to introduce him into her life, all the while keeping me listed as the legal father. He agreed and we set about with supervised visits which later led to day visits and some years later, single overnight visits approximately 2 times/month. Throughout this time, he tried asserting himself in ways we felt were inappropriate for the circumstances, such as telling us when and for how long he was gonna pick her up and keep her, without our consent. We had reservations about his intent and expressed that to him.
Although it wasn't a popular decision with him, he eventually backed down and we continued with the visitations. Several times throughout the years (our daughter is now 7.5) he dropped contact for months at a time and when he came back around again, we cautiously started visitations again. My wife and I divorced last year and having some battles with alcohol addiction and subsequent rehab visits, gave me full custody in the divorce. I work two jobs and take care of her full-time. Bio-father is aware of the divorce. Recently, he has been telling her that he is her real dad and that i am only step-dad and that he named her (untrue) and various other things that have really left her (in her admission) hesitant to visit with him because she said she feels like he is trying to take her from me.
I approached him about her feelings, still not limiting access other than to comply with the custody agreement between my ex and I. He blew up and stated that he was going to petition the court and have my name removed from the birth record and he would be awarded custody and my ex and I would get to work out the remaining time between ourselves. I have done quite a bit of research but wanted to see if any legal minds had any Oregon-specific knowledge or input. We are not trying to stop him from seeing her, only to prevent me from being removed from the birth record and having her name changed.
Mother is agreeable that our daughter is in the best place custody-wise and says she will not consent to removing me, but he is adamant that he will be successful. I have been completely truthful with our daughter regarding his involvement and relationship in her life, and she appreciates it tremendously. She is happy where she is, and has no desire to live with bio-father. Any of you have any input, reserving any judgement on marital issues? Thanks in advance...
Presumption of Paternity: Can a Biological Father Challenge a Legal Father's Paternity
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