Father Requesting Paternity To Get Revenge

[maddox]

My question involves paternity law for the State of: Oregon.

Recently in October, I found out I was pregnant. At this time I was with my guy A, but seeing guy B. There was a two week period that I wasn't sleeping with either but at the beginning of Nov. guy B and I were together. Now that there's a baby the dates show that it's guy A's baby. However he is holding a grudge and swore up and down to my family that he would do everything in his power to get the baby away from us (me and guy B). It's now May and he hasn't done anything in regards to preparing for the baby, he went to one ob/gyn appointment to find out the sex of the baby. He is not involved at all.

Both me and guy B would prefer if the baby was his and recently, taking my mother's advice, I talked to the 'father' of the baby to see if we could sit down to discuss visitation, child support, etc. But now, he is saying he wants a paternity test and then he'll talk about all that. I think he thinks that I am just trying to get money out of him. But really I wish that the baby wasn't even his.

I have no fears of taking one, except that if he does establish paternity, then does he get a say in the baby's surname? Is he just doing it, so he can take legal action and try to take the baby away from me? Is it possible to just claim boyfriend B on the birth certificate as the father since he is willing? Should I go ahead with the paternity test or wait and see if he takes legal action?:

[cissycicle]

My question involves paternity law for the State of: Oregon.

Recently in October, I found out I was pregnant. At this time I was with my guy A, but seeing guy B. There was a two week period that I wasn't sleeping with either but at the beginning of Nov. guy B and I were together. Now that there's a baby the dates show that it's guy A's baby. However he is holding a grudge and swore up and down to my family that he would do everything in his power to get the baby away from us (me and guy B). It's now May and he hasn't done anything in regards to preparing for the baby, he went to one ob/gyn appointment to find out the sex of the baby. He is not involved at all.

Both me and guy B would prefer if the baby was his and recently, taking my mother's advice, I talked to the 'father' of the baby to see if we could sit down to discuss visitation, child support, etc. But now, he is saying he wants a paternity test and then he'll talk about all that. I think he thinks that I am just trying to get money out of him. But really I wish that the baby wasn't even his.

I have no fears of taking one, except that if he does establish paternity, then does he get a say in the baby's surname? Is he just doing it, so he can take legal action and try to take the baby away from me? Is it possible to just claim boyfriend B on the birth certificate as the father since he is willing? Should I go ahead with the paternity test or wait and see if he takes legal action?:

It's possible to just claim boyfriend B on the birth certificate. It's more possible that you would be knowlingly supplying false information. That, I believe is a criminal act.

[Mr. Knowitall]

In establishing paternity, dad can ask for a name change - the court won't necessarily grant that request. In some states it's automatic to give the child the father's surname upon his addition to the birth certificate, but I don't see that in Oregon's statutes (but there are multiple places in the statutes where such a provision may be so I may have missed it.)

[cyjeff]

Yes, A can ask for a DNA test.

Until the DNA test establishes his paternity, A does not HAVE to do anything for the baby.

When the DNA test establishes paternity, child support and visitation can be worked out and court ordered. Nothing happens until the DNA test verifies the father.

A is exactly right to refuse to do anything until paternity is established... especially in the situation you describe.

B, if NOT the father, is a legal stranger to the child and has no say in the process whatsoever. If B is not the father, he cannot adopt the child until you two are married and have established a family.

If you didn't want to associate with A for the next two decades, you shouldn't have had sex with him.