Oregon
I am seeking assistance with obtaining PROOF of legal custody in the state of Oregon as pursuant to ORS 109.175 when legal custody is determined by statute, rather than through a proceeding.
I am the single, unmarried mother of a 7 year old girl. When her father found out I was pregnant in 1999, he left. When I delivered our child in 2000, he came to the hospital and signed a Voluntary Affidavit of Paternity. On the affidavit, it reflects that we have seperate addresses. According to ORS 109.175, if two unmarried parents are not living together at the time of the signing of the affidavit, whoever has physical possession of the child at that time (me) has sole legal custody until a court deems otherwise. The Oregon Revised Statute is copied below:
109.175. (1) If paternity of a child born out of wedlock is
established pursuant to a petition filed under ORS 109.125 or an
order or judgment entered pursuant to ORS 109.124 to 109.230 or
ORS 416.400 to 416.470, or if paternity is established by the
filing of a voluntary acknowledgment of paternity as provided by
ORS 109.070 { - (1)(e) - } { + (1)(d) + }, the parent with
physical custody at the time of filing of the petition or the
notice under ORS 416.415, or the parent with physical custody at
the time of the filing of the voluntary acknowledgment of
paternity, has sole legal custody until a court specifically
orders otherwise.
However, since I did not go through a custody proceeding, as I would have in a divorce, I do not have a custody order or any proof that I have legal custody of my daughter.
Since that time he has been an absent father. When I attempted to get my daughter a passport this year, I encountered serious difficulty, since the requirements state that either both parents listed on the birth certificate must be present or the accompanying parents must present proof of legal custody. After much arguing, I showed them the statute and affidavit and was granted a passport for her.
I intend to take her on a cruise this summer, the first of many travels I hope to enjoy with her, and have been told that I will need to present proof of custody to take her into foreign countries. It seems that this will be a recurring problem, so I'm looking for assistance in getting some sort of legal documentation.
So far I have contacted:
1. The Multnomah County Courthouse Family Law Facilitator's Office (they had no idea what I was talking about and advised me to either start a new custody proceeding- a waste of taxpayer money and my time since I already have custody- or hire a lawyer)
2. Oregon Courts Court Programs and Services (they told me that their lawyers work for the state and can't help me- funny, I thought I paid state taxes)
3. Gordon Smiths Office (they can only help me with federal issues)
4. Attorney General's Office (they work for the state, so they won't help me)
5. Governor Kulongoski's Office Citizen Representative (again, he can't help me and I should pay for a lawyer)
6. And now...I am waiting for a return call from State Senator Margaret Carter
I'm shocked and amazed that
1. No one that works for the state can help me with the application of a State Statute.
2. That noone in the appropriate offices has ever heard of this even though the rule is explained in Question 20 of the "Family Law in Oregon" guide (something like 40% of kids are born to single mothers now, and I'd reason that a number of them were living seperately from the fathers at the time of birth).
3. That the only advice I can get is to hire a lawyer- it makes me wonder how many women with the same problem but less means are out there and are just out of luck?
I pay taxes, I don't need to pursue custody- I already have it, I just need the same proof of it that I would have gotten in a divorce, etc so that my daughter can travel with me.
Can anyone help me with this? Every single person I've talked to has passed me on. I'd like to make sure that at the end of this journey, this becomes a resource that is easy to find for other women in my same position.
Thanks in advance.
I am seeking assistance with obtaining PROOF of legal custody in the state of Oregon as pursuant to ORS 109.175 when legal custody is determined by statute, rather than through a proceeding.
I am the single, unmarried mother of a 7 year old girl. When her father found out I was pregnant in 1999, he left. When I delivered our child in 2000, he came to the hospital and signed a Voluntary Affidavit of Paternity. On the affidavit, it reflects that we have seperate addresses. According to ORS 109.175, if two unmarried parents are not living together at the time of the signing of the affidavit, whoever has physical possession of the child at that time (me) has sole legal custody until a court deems otherwise. The Oregon Revised Statute is copied below:
109.175. (1) If paternity of a child born out of wedlock is
established pursuant to a petition filed under ORS 109.125 or an
order or judgment entered pursuant to ORS 109.124 to 109.230 or
ORS 416.400 to 416.470, or if paternity is established by the
filing of a voluntary acknowledgment of paternity as provided by
ORS 109.070 { - (1)(e) - } { + (1)(d) + }, the parent with
physical custody at the time of filing of the petition or the
notice under ORS 416.415, or the parent with physical custody at
the time of the filing of the voluntary acknowledgment of
paternity, has sole legal custody until a court specifically
orders otherwise.
However, since I did not go through a custody proceeding, as I would have in a divorce, I do not have a custody order or any proof that I have legal custody of my daughter.
Since that time he has been an absent father. When I attempted to get my daughter a passport this year, I encountered serious difficulty, since the requirements state that either both parents listed on the birth certificate must be present or the accompanying parents must present proof of legal custody. After much arguing, I showed them the statute and affidavit and was granted a passport for her.
I intend to take her on a cruise this summer, the first of many travels I hope to enjoy with her, and have been told that I will need to present proof of custody to take her into foreign countries. It seems that this will be a recurring problem, so I'm looking for assistance in getting some sort of legal documentation.
So far I have contacted:
1. The Multnomah County Courthouse Family Law Facilitator's Office (they had no idea what I was talking about and advised me to either start a new custody proceeding- a waste of taxpayer money and my time since I already have custody- or hire a lawyer)
2. Oregon Courts Court Programs and Services (they told me that their lawyers work for the state and can't help me- funny, I thought I paid state taxes)
3. Gordon Smiths Office (they can only help me with federal issues)
4. Attorney General's Office (they work for the state, so they won't help me)
5. Governor Kulongoski's Office Citizen Representative (again, he can't help me and I should pay for a lawyer)
6. And now...I am waiting for a return call from State Senator Margaret Carter
I'm shocked and amazed that
1. No one that works for the state can help me with the application of a State Statute.
2. That noone in the appropriate offices has ever heard of this even though the rule is explained in Question 20 of the "Family Law in Oregon" guide (something like 40% of kids are born to single mothers now, and I'd reason that a number of them were living seperately from the fathers at the time of birth).
3. That the only advice I can get is to hire a lawyer- it makes me wonder how many women with the same problem but less means are out there and are just out of luck?
I pay taxes, I don't need to pursue custody- I already have it, I just need the same proof of it that I would have gotten in a divorce, etc so that my daughter can travel with me.
Can anyone help me with this? Every single person I've talked to has passed me on. I'd like to make sure that at the end of this journey, this becomes a resource that is easy to find for other women in my same position.
Thanks in advance.