Oregon Revised Statutes Chapter 109 § 109.285 — or 109.385
Oregon Revised Statutes Chapter 109 ·
Oregon Code § 109.285·Enacted ·Last updated March 01, 2026
Statute Text
or 109.385.
(6) A summons
under subsection (3) of this section must contain:
(a) A statement
that if the spouse fails to file a written answer to the motion and order to
show cause within the time provided, the court, without further notice and in
the spouses absence, may take any action that is authorized by law, including
but not limited to entering a judgment of nonparentage on the date the answer
is required or on a future date.
(b) A statement
that:
(A) The spouse
must file with the court a written answer to the motion and order to show cause
within 30 days after the date on which the spouse is served with the summons
or, if service of the summons is made by publication or posting under ORCP 7
D(6), within 30 days from the date of last publication or posting.
(B) In the
answer, the spouse must inform the court and the petitioner of the spouses
telephone number or contact telephone number and the spouses current
residence, mailing or contact address in the same state as the spouses home.
The answer may be in substantially the following form:
______________________________________________________________________________
IN
THE CIRCUIT COURT OF
THE
STATE OF OREGON
FOR
THE COUNTY OF _________
_________, )
Petitioner, )
NO._____
)
)
ANSWER
and )
)
_________, )
Respondent. )
[ ] I consent to the entry of a
judgment of nonparentage.
[ ] I do not consent to the entry
of a judgment of nonparentage. The court should not enter a judgment of
nonparentage for the following reasons:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_________________________
__________________
Signature
DATE:_____________________
ADDRESS OR CONTACT
ADDRESS:
_____________________
_____________________
TELEPHONE OR CONTACT
TELEPHONE:
_____________________
______________________________________________________________________________
(c) A notice
that, if the spouse answers the motion and order to show cause, the court:
(A) Will schedule
a hearing to address the motion and order to show cause and, if appropriate,
the adoption petition;
(B) Will order
the spouse to appear personally; and
(C) May schedule
other hearings related to the petition and may order the spouse to appear
personally.
(d) A notice that
the spouse has the right to be represented by an attorney. The notice must be
in substantially the following form:
______________________________________________________________________________
You have a right
to be represented by an attorney. If you wish to be represented by an attorney,
please retain one as soon as possible to represent you in this proceeding. If
you meet the states financial guidelines, you are entitled to have an attorney
appointed for you at state expense. To request appointment of an attorney to
represent you at state expense, you must contact the circuit court immediately.
Phone ______ for further information.
______________________________________________________________________________
(e) A statement
that the spouse has the responsibility to maintain contact with the spouses
attorney and to keep the attorney advised of the spouses whereabouts.
(7) A spouse who
is served with a summons and a motion and order to show cause under this
section shall file with the court a written answer to the motion and order to
show cause within 30 days after the date on which the spouse is served with the
summons or, if service is made by publication or posting under ORCP 7 D(6),
within 30 days from the date of last publication or posting. In the answer, the
spouse shall inform the court and the petitioner of the spouses telephone
number or contact telephone number and current address, as defined in ORS
25.011. The answer may be in substantially the form described in subsection (6)
of this section.
(8) If the spouse
requests the assistance of appointed counsel and the court determines that the
spouse is financially eligible, the court shall appoint an attorney to
represent the spouse at state expense. Appointment of counsel under this
subsection is subject to ORS 135.055, 151.216 and 151.219. The court may not
substitute one appointed counsel for another except pursuant to the policies,
procedures, standards and guidelines adopted under ORS 151.216.
(9) If the spouse
files an answer as required under subsection (7) of this section, the court, by
oral order made on the record or by written order provided to the spouse in
person or mailed to the spouse at the address provided by the spouse, shall:
(a) Inform the
spouse of the time, place and purpose of the next hearing or hearings related
to the motion and order to show cause or the adoption petition;
(b) Require the
spous
Plain English Explanation
This Oregon statute addresses or 109.385. AI-powered analysis coming soon.
Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 109.285
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses or 109.385. Read the full statute text above for details.
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