[OR] What do I need to do to get full custody of my child if the father is not on the birth certificate?
May 27, 2025
25
10
If he's not on the birth certificate and hasn't established legal paternity, you already have full custody. Oregon law wouldn't allow him any custody since he's not a legal father right now - he would have to petition the court to be put on the birth certificate, so he has no rights and you can do what you want (ORS 109.065(1)).
Upvote if this is a clear answer
Downvote if this is not a clear answer
Create DocumentFull Conversation
I was curious on how to get full custody of my child if the other parent is not on the birth certificate.
I understand that you're looking to get full custody of your child. Have you had any previous legal agreements or court orders regarding custody or visitation?
No.
Are you currently in contact with the other parent, and if so, how cooperative are they in discussing custody arrangements?
Off and on but most days it’s him yelling at me saying that is going to be his way or no way.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with obtaining full custody of your child.
He has not helped support this baby in any way and does not have a job or a stable place to live.
Hey there! Welcome to AskaLawyer. I'm Legal Eagle, an attorney with many years of experience, and I'm here to help you. That being said, what do you hope for from this conversation?
Trying to go about getting full custody of my son. I am the only one on his birth certificate and his father has not helped in any way.
What state is this in?
Oregon.
Thanks for sharing that. Since you're in Oregon, it helps to know the local laws. Could you tell me a bit more about your child's current living situation? Are there any concerns about their safety or well-being?
No, we live at my parents' house, have been since before he was born. He is greatly taken care of.
Got it. Was there any other facts you'd like to add before I answered your question?
His father is not on the birth certificate, has not helped in any way support him, and has bounced between here and Oklahoma and does not have a stable place to live and can’t keep a job.
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated.
If he's not on the birth certificate and hasn't established legal paternity, you already have full custody. Oregon law wouldn't allow him any custody since he's not a legal father right now - he would have to petition the court to be put on the birth certificate, so he has no rights and you can do what you want (ORS 109.065(1)).
Ok sounds good. Would he have to get a paternity test first before being put on there?
Correct - he'd have to file in court and ask the court for a test first. For now, he has no rights and no obligations to your child.
And how long does that usually take if he was to do that?
It varies, but if he petitions the court, the court will usually grant the request for a DNA test within a few weeks, then will hold another hearing a few weeks after that.
Ok.
For sure! Were there any details I missed? Were there any concerns you still needed to be addressed?
Not at this moment, thank you so much for all your help and I will let you know if I have any further questions.
Got it! I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
