Domestic Partnerships - Living Together.

My partner and I have a child together. If we split up, what are my rights concerning our child?

The natural parents of a child have equal rights to a biological child but it make take some action on your part to enforce those rights. First, if unmarried, the paternity of the child needs to be established. Along with that, other questions will be answered such as who will be the legal custodian, how will parenting time work and how much will the child support be.

If you both agree about these things, you can probably get an order without a hearing. If you do not agree, you will need to have a hearing and should have an attorney.

If your partner is on some form of public assistance you may also find yourself owing child support to the State to repay the State for the assistance it is providing for the child.

My partner and I are not married but we have lived together for many years. Is there anything we need to do to protect our rights now and in case we split up?

Oregon does not recognize common law marriage. However, you may have what is termed in Oregon, a Domestic Partnership. To protect yourself now, you could have your partner provide you a power of attorney to be able to make decisions for you in the event that you cannot. Other documents of importance to your relationship might include a health care directive as well as a well written will. You can also avoid many issues of probate by simply holding property jointly, i.e., cars, house, bank accounts.

There may also be a problem in deciding who gets the property when an unmarried couple separates. Always maintain your agreements regarding property rights in writing. The document should look something like a prenuptial agreement. We can assist you in preparing an agreement to protect your rights in the event your relationship fails.