When the issue of the legal paternity of a child is in dispute, the traditional means for establishing legal paternity requires a judicial action, formerly known as a filiation proceeding. When a child support enforcement agency is involved, the process usually begins with an administrative proceeding, which may also evolve into a judicial proceeding if the paternity determination is not administratively resolved. Of course, paternity can also be established by the proper execution and filing of what is called a Voluntary Acknowledgment of Paternity. Once filed, that form establishes paternity for all purposes unless an objection to the voluntary acknowledgment is timely lodged. Under current Oregon law, there exists a rebutable presumption that a husband cohabiting with his wife is presumed to be the biological and legal father of a child born to the wife. That presumption, however, can be legally rebutted with appropriate proof.
A paternity case normally involves issues of custody, parenting time, and child support. I am happy to speak with you regarding all issues involved, and to speak with you regarding the challenge to the filing of a Voluntary Acknowledgment of Paternity.