Obtaining an Order through Stipulation

If both parents want to establish an order through the courts, they can do so by agreement. A written stipulation is prepared and signed by the parties. The stipulation should address all of the issues involved, including parent-time and custody. If the order is established through the Office of Recovery Services, they will not be able to include those provisions

Administrative Paternity Determinations

The Office of Recovery Services is the state designated IVD agency and has the authority to determine paternity administratively. Once the mother names the alleged father, ORS will attempt to have the parties participate in genetic testing.  If the parties do not participate or the test does not exclude the alleged father, ORS has the authority to enter an administrative order.

Administrative orders cannot address custody or parent-time. If you have an administrative order, you can register the administrative order with the District Court to include those provisions.

Obtaining an order through litigation

If the parties cannot reach an agreement it may be necessary for one of the parents to file a pleading called a complaint or petition. That parent will ask the court to determine the paternity and the rights and obligations of the parties.  The court can order genetic testing.

Paternity may be established through a bench trial.  There is no right to trial by jury