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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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My ex-Girlfriend has a 2 year old baby boy with another man

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My ex-Girlfriend has a 2 year old baby boy with another man in Oregon. They are unmarried and they broke up a couple months ago. She wants to come down to Houston Texas where I live now and visit for 2 weeks. I bought her 2 tickets over a month ago for her and her son and now with less than a week before she is supposed to leave he is now saying that if he leaves he is going to call the police for kidnapping.

It is my understanding that the mother has sole physical custody until the father petitions the court. Can she get in trouble for oing on a vacation with her son?

Good Evening

 

Thank you for choosing JustAnswer, I will be glad to help you with your question

 

Q. Is your girlfriend still living in Oregon?

 

ANDREA

Customer: replied 7 years ago.
Yes, in Josiphene County

Thank you for your prompt Reply,

 

If the parents are not married and paternity has not yet been established the mother has legal custody and the father has no custody or parenting time rights.

 

If the parents are not married, but paternity has been established either by signatures on the birth certificate or in a lawsuit, custody might have been granted by the law to the child's mother, if she is the physical caretaker, even in the absence of a Court Order.

 

I hope this has answered your question. If you have further questions, or other questions in the future, please feel free to ask for me. You can do so by putting my name at the beginning of your question.

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Thank you and Good Luck!

 

ANDREA

Member, NY & PA Bar

 

 

 

 

 

 

 

 

Customer: replied 7 years ago.
Andrea

Thank you very much for your reply, I AM satisfied with the answer, however, If she leaves the state does he have any legal recourse?

Does He even have a right to call the police?

They have no Legal agreement, and no lawsuits have been filed, however he is listed on the birth cirtificate.

Thank you advance,

 

You and your girlfriend have absolutely nothing to worry about. The legal principles I stated above come directly from Oregon case law, i.e., the way Oregon Courts have interpreted Oregon Custody Laws in actual custody cases and they state:

 

"...If the parents are not married, but paternity has been established either by signatures on the birth certificate or in a lawsuit, custody might have been granted by the law to the child's mother, if she is the physical caretaker, even in the absence of a Court Order.

 

So, your girlfriend, being the primary caregiver, is presumed by law to have legal custody of her son. This means that if the child's father decides to be malicious and vindictive, calls the police and alleges that the mother is going to kidnap the child, or take him out of state, the police cannot do anything to help him and can do nothing to prevent your girlfiend from coming to visit you.

 

In the absence of a Court Order giving him visitation or partial custody, the Courts have consistently held that father has no custody or parenting time rights, despite his name appearing on the birth certificate.

 

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Thank you and Good Luck!

 

ANDREA

Member, NY & PA Bar

 

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