State of Oregon Custody Laws for Unmarried Parents

• Unmarried parents both have rights to a child.father and son at holiday image by .shock from Fotolia.com
  
  Unmarried parents who adopt or biologically have a child together have specific laws which apply to their rights to that child within the State of Oregon. These laws all depend on the personal history of each parent and what a court may ultimately decide is best for the child.
  
  

Establishing Paternity

• When a couple is married and has a child, then the husband is automatically presumed to be the biological father of the child by the court and is given the same rights as a biological father would have, even if he is not the biological father. However, with an unmarried couple, the actual paternity of the child must be established before the father is considered the actual father by the court. This can be done through genetic tests or sworn statements by the mother and father of the child.
  
  

Equal Rights

• If both partners are legal parents of the child, recognized by a court of law, then both parents usually have equal rights to the child. This means neither parent can deny the other of legal right or visitation to the child without a court order from a judge barring the parent from seeing or having contact with the child. If the court does grant one parent physical custody then the other parent is allowed visitation and is next in line to have physical custody if the other parent becomes unable to care for the child.
  
  

Loss of Custody and Visitation Rights

• Being considered a full legal parent of a child in the state of Oregon comes down to your actions when being a parent to the child, when it comes down to unmarried parents. Rights to custody or visitation of a child can be lost if neglect or abuse occurs. All legal parents have a duty to support their children as well and if this is not occurring and can be proven in a court of law, then the Oregon courts will sever or reduce custody or visitation rights from one parent.