Ask An Attorney: Can Mom Cut Dad Off From Child He Raised?

Can Mom Cut Dad Off From Child He Raised? You Be The Judge. What do you think?

This is ask Steven Leskin, a family law tutorial. Today’s question comes from Ashland and the question is this: Parents have two kids together. One of the children is not biologically related to Dad. Dad has raised both kids as his own for nine years and supported them and has been a father figure in both of their lives. Something happens, Mom cuts Dad off from both kids. What are Dad’s remedies? Dad wants to continue having a relationship with both children and particularly the child that’s his.

My name is Steven Leskin. I am a divorce and family law attorney in Portland, Oregon you can find me at If you like what you’re hearing like, comment, or subscribe below. We post new videos every Monday, Wednesday, and Friday. We value your engagement.

So, what rights does a non-parent have? Oregon law provides a mechanism that an adult, that has an ongoing personal child-parent-like relationship with a child, can petition the court for what’s called third-party custody. Sometimes third-party, also called grandparent custody, and it allows the third party to maintain the relationship.

Here, Dad has practically raised the child that’s not his. The two siblings are siblings and Dad has been a family unit. Dad has been partaking in that family unit, financially supporting them, and it sounds like acting as the parent when Mom cuts him off. So Oregon law will likely allow him to have third-party custody and award him parenting time with either one or both of the kids, certainly with his kid, and are likely with the non-biologic child.

The other thing I would note is that Dad does not need to pay child support for a child that’s not his. Child support only attaches to biological kids.

Again, my name is Steven Leskin. I am a divorce and family law attorney in Portland you can find me at

Thanks for watching.