Understanding Oregon Parental Rights for Unmarried Parents

Parental rights are a family law concept. They refer to the legal rights of mothers and fathers to make decisions and take actions on behalf of their child or children. These rights may include the right to custody, visitation, to make medical decisions for the child, to enter into a contract on behalf of the child, and to pass an inheritance on to the child.

Every state has established its own laws with regard to parental rights, but the goal of the courts when making decisions with regard to parental rights is always to do whatever is in the best interests of the child.A young boy looks out the window  on a cloudy day

  • The establishment of parental rights is relatively simple for married couples in the State of Oregon—in fact, parental rights over the child of a married couple is presumed by law and must be rebutted or proved otherwise for the law to recognize anything other than the married couple’s parental rights.
  • Parental rights for unmarried couples can be a bit more complex. While the parental rights of biological unmarried parents are technically the same as those of a married couple, the unmarried couple must first establish the paternity of the child for any unmarried father to be able to assert his parental rights.

Unmarried mothers have maternity established at birth, with the right to sole legal and physical custody (unless a court order prevents this). Unmarried fathers do not have the same rights to custody or visitation. They must establish paternity shortly after the child is born or submit proof to the courts, such as the results of a DNA test.

The Importance of Establishing Paternity

Without a legal establishment of paternity, an unmarried father cannot assert his parental rights over a child. However, once paternity has been established, a father may file a petition in court to be granted custody, parenting time, and child support.

Oregon courts consider the parental rights of biological mothers and fathers to be equal. Either parent may go to court to assert that parental rights and the courts will make a decision based on the best interests of the child.

If you are an unmarried parent and you need legal counsel with regard to your parental rights over your child or children, please contact Landerholm Family Law today. We offer flat-fee representation!


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