Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your daughter's situation.
Pursuing child support through the state will not convey an automatic right to visitation on him. He'll have to go to court to file a Petition if he wants to exercise his paternal rights. If he does that, she'll be able to introduce evidence that he is an abuser, and she can use that to ask the judge to deny his request. A history of violence is one of the factors judges consider when deciding a custody case. The police reports she has will help. He doesn't automatically get custody or visitation just because he asks for it.
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They'll look at his income to calculate how much he owes, and then they start collecting. ORS only does child support. They don't do anything else. He can try requesting a paternity test, which he'll have to pay for.
Once the decision is made, they money will come directly out of his paycheck and go to your daughter. She won't have to do anything to collect from him directly.
Court appointed attorneys are only available when someone is charged with a crime. However, she can contact legal aid organizations in her area. Places that offer assistance with child custody and support tend to have long waiting lists, so she might want to start looking now. These organizations tend to prioritize cases involving domestic violence.
We're unfortunately not allowed to make specific referrals, but this site may help you find something in your area:
It could also help to do a web search for "legal clinic" with the name of her town or county.
The state doesn't have any specific guidelines regarding how parents must provide child care. Did you mean child support?
That's OK. Here is the calculator they'll use to decide support.
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