Paternity of a Married Woman's Child

[urata01]

My question involves paternity law for the State of: Oregon

I slept with a married woman, resulting in the conception of a child. The child is now 16 months old and I have never been allowed to see her. I was under the assumption that at some point down the line I was going to be able to, but the attitudes of the people involved have changed, and now I want to be allowed to see my child. My paternity has never been established but everyone involved is almost certain the child is mine.

Will the facts that I have not tried to establish paternity for this long and that she is married make it impossible for me to be able to see my child? If not, where do I start my mission to gain visitation rights?

[Dogmatique]

Mom's husband is the child's legal father.

Is he aware that he may not be the biological father?

Why have you left it for so long?

[urata01]

I am aware he is the legal father, but I am the biological father, don't I have any rights here?

Yes, he knows he isn't the biological father, he is the one who told me his paternity test came up negative.

I only learned that the Husband wasn't the bio father about 6-8 months ago. I have left it alone because I was trusting mom, who kept telling me that she was waiting for a better time to bring it up.

[mamabear2102003]

You can look up the Oregon paternity laws, but from what I'm reading in ORS 109.070(1)(a) third parties (including DHS and the child) may not challenge the presumption without both spouses consent if they (the spouses) are living together. A husband, as a part of a divorce proceeding can challenge at any point (although the judge can deny his request for challenge if he feels it would be unfair to the child). I googled 'can a third party petition for paternity testing in oregon?' and found some pretty interesting articles involving the 2007 amendments to the paternity law.

For the best answers, you should consult a local family law atty for a low/no cost consult. Good Luck.

[Dogmatique]

I am aware he is the legal father, but I am the biological father, don't I have any rights here?

Yes, he knows he isn't the biological father, he is the one who told me his paternity test came up negative.

I only learned that the Husband wasn't the bio father about 6-8 months ago. I have left it alone because I was trusting mom, who kept telling me that she was waiting for a better time to bring it up.

You don't know that you're the biological father and won't until there's a court-ordered DNA test.

You should speak with a local attorney.