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Legalease
Legalease, Lawyer
Category: Family Law
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Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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My son lives in Indiana, The mother of his child lives in Michigan.

Resolved Question:

My son lives in Indiana, The mother of his child lives in Michigan. My son has filed papers in Indiana to establish paternity and to start paying child support and get visitation rights. She is telling him that Michiagan told her that he would have to go file in the courts in her State. Is this true? And if so why didn't the lawyer at the court house where he filed the paternity papers at tell us that.
Submitted: 4 years ago.
Category: Family Law
Expert:  Legalease replied 4 years ago.

Technically, she is correct. He can go into an Indiana court and get an order from them seeking a paternity test (Indiana willprobably not order visitation unless/until a paternity test is performed and because the child is not within their jurisdiction). But, in order to enforce the order he must then take the judgment from the Indiana court and bring it to a court in Michigan closest to her to enforce it against her. The Michigan court will honor the Indiana judgement (full faith and credit clause of the US Constitution), but he will end up paying double the court fees and if he uses an attorney, double the attorney's fees in the end. Because a Michigan court will probably do the same thing as an Indiana court will do (order a paternity test) he is better off just filing in Michigan and not bothering with Indiana. I know it will be a bit more costly for him to do so -- but there is no guarantee he will get anywhere with an Indiana judgment unless she is willing to come bak to Indiana for the testing and court hearings.

 

The lawyer at the court house might not have had all the facts, or may be simply inexperienced in multi-state court actions.

 

GOOD LUCK

 

Please press the GREEN ACCEPT BUTTON so I will be paid for my time.

 

THANK YOU.

Legalease, Lawyer
Category: Family Law
Satisfied Customers: 14454
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
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