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Unmarried Parents

(establishing custody, parenting time and child support)

Brief descriptions of content are provided to help you decide which Packet you may wish to use. The descriptions are not intended to provide you with complete information about the law or court procedure involved in each packet. For more information, please consult with an attorney.

Before using the packets below, "paternity", which means who the father of the child is ("fatherhood"), must be established. Paternity ("fatherhood") may be established if the father signs and files a "Voluntary Acknowledgment of Paternity" (a statement that says he is the father) with the State Registrar of Vital Statistics. Paternity ("fatherhood") may also be established through the Oregon Child Support Program or through the courts. You may request that the Oregon Child Support Program establish paternity by filling out an Application for Services (Form #CSF 03-0574) and the Affidavit in Support of Establishing Paternity (Form #FLS 112), and sending these to the address stated on the form. You will be charged a $1 fee for this service.

If "paternity" has already been legally established, select the appropriate packet below.

 

Packet 3A: Petition
Packet 3B: Response

 

 

Packet 3A—Petition
After paternity ("fatherhood") has been legally established, an unmarried parent may use this packet to ask the court to establish custody, parenting time and child support. Either parent may initiate a case. Unmarried parents have the same rights and responsibilities regarding custody and support of their children that married or divorced parents have. This packet is not appropriate for use by anyone other than the parents of the children.

 

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Packet 3B—Response
A Respondent is the person who answers the other parent's Petition to establish custody and parenting time under the statute for unmarried parents (ORS 109.103) and to establish child support. If you were served with such a Petition and if you do not agree with ALL requests in the Petition, you need to decide whether to file a "Response." The Response is a document that allows you to list your objections and to make requests. If you agree with everything in the Petition, you may not have to file a response. Keep in mind that this court proceeding will determine who has sole or joint custody of, and to establish parenting time with, the child[ren].