QUESTION
If you think you made a mistake of whom the father of your child is, can you stop visitation until a paternity test is done?
Asked on Dec 27th, 2012 on Child Custody - Oregon
8 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If there is a parenting time order on, no.
Answered on Jan 07th, 2013 at 1:58 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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If there is an existing court order specifying visitation, you must continue to comply with that court order. If there is not a court order, then you should consider the interests of the child. If the child considers him the be his/her "father".
Answered on Jan 04th, 2013 at 12:37 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If the periods of temporary placement (='visitation') are court-ordered, you have to comply with the court's order until it is changed. Even if there is not a court order, please consider the feelings of the child. If he or she has gotten used to visits with the possible father, he or she may suffer real feelings of loss.
Answered on Jan 04th, 2013 at 12:36 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not. He is the father until proven otherwise. If the putative father is reasonable, you should raise the issue with him and see if he will consent to an informal DNA test. If it says he is not the father, then you need to file an action regarding paternity and have a DNA test under court supervision done. If you are receiving governmental benefits, the State may want to go after the real father for child support.
Answered on Jan 04th, 2013 at 12:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sometimes, but doubtful if a relationship with the child is already established.
Answered on Jan 04th, 2013 at 12:34 PM
Sharon S. Sipes
It depends on how long ago the "mistake" was made. You need to talk with an attorney because Utah has a legal requirement for revoking paternity.
Answered on Jan 04th, 2013 at 12:34 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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No you have to follow the courts order.
Answered on Jan 04th, 2013 at 12:34 PM
That depends. If there is a court order for parenting time in place, you have to follow the order. On a longer time scale, if the "original" father has established a significant relationship with the child, he would have a basis to argue that he should be allowed to continue that relationship. It may be hard to accept, but mothers do not automatically "own" the children they have borne. Oregon law mandates that the court treat parents equally regardless of sex.
Answered on Jan 04th, 2013 at 12:33 PM