Child visitation to a non biological child

UPDATED: Oct 1, 2022

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Child visitation to a non biological child

I have a 7 year old son and I am not the biological
father. I got together with the mother when she was
pregnant. We were married for 5 1/2 years and
together for 7 years. Im the only consistent father he
has ever had. I have had regular visitation to him for
the last year but the mother has shut me out of his
life due to arguments between her and I that have
nothing to do with him. I am only concerned about
continuing visitation with him. I dont expect any
rights to decisions in his life. I just want the right to
see him as I have been and not get him cut out of his
life. I have never broken the law, I have a good job
and have other children that are mine and I see them
regularly and have a good relationship with their
mother. As well as joint custody to them. Is there any
legal grounds that would to go off of for me to have
visitation to my non-biological son?

Asked on October 5, 2017 under Family Law, Oregon


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You sound like a really great guy and it is a nshame that your ex-wife wants to use her son as a pawn in a chess game.  But you are in luck: the state of Oregon does allow a step parent that has established emotional ties with a child to request the court allow visitation.  There is a presumption that the legal parent acts in the child's best interest but it is what is called "rebuttable."  The child may be old enough, too, to speak with the Judge alone and express his opinion.  Look here and good luck.

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