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One parent gets legal custody of the children. Both parents have joint custody. In families with more than one child, one or more children live with one parent and one or more children live with the other parent.
A judgment of paternity is a legal determination that the father is LEGALLY the children's father. It is probably true that in a determination of custody and visitation between the two of you, he must first be determined to be the children's father. 1 found this answer helpful helpful votes 2 lawyers agree.
For example, in a paternity fraud case, the judge may hold a person in contempt for lying or falsifying information about the paternity test. When this occurs, the judge may issue a contempt order, which can result in criminal charges.
After paternity is legally established, barring additional legal action on the part of the father, the mother still retains sole legal and physical custody of a child. A father who wishes to gain child custody must ask the court for an order. Paternity isn't a guarantee that child custody will be granted.
In parentage cases, also called "paternity cases," the court makes orders that say who the child's legal parents are. If parents are married when a child is born, there is usually no question about parentage.In some cases, the law may also determine that a child has more than 2 legal parents.
During this hearing, the parties can testify, have witnesses testify and submit evidence, including the blood or DNA tests. Once all the evidence is submitted, the court decides whether there is proof of paternity or whether the case should be dismissed.
When the father and mother agree that the child is his, paternity may be legally established by completing a Voluntary Acknowledgment of Paternity ». The form must be signed by both parents, notarized, and filed with Oregon Vital Records. Your local child support office can help complete this process.
If the parents are unmarried but have paternity established, both will generally have equal custody rights. In fact, Oregon courts almost always favor arrangements where the child can have both parents playing active roles in their life, but will always put the child's best interests first.
Primary tabs. A lawsuit to determine the identity of the father of a child, usually one born outside of marriage. A paternity suit may be brought either by the mother seeking child support, or by the father himself if the mother is denying his paternity. Such suits are usually resolved by genetic testing.