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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32620
Experience:  JD, 17 years legal experience including family law
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Family law My daughter is 1 month old and the father is

Resolved Question:

Family law

My daughter is 1 month old and the father is not on the birth certificate. I moved out of country with my daughter recently. Can the father file for paternity in the US?
Submitted: 2 years ago.
Category: Family Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Was your daughter born in the United States?
Customer: replied 2 years ago.
yes
Expert:  Tina replied 2 years ago.
I see.

Then a court in the state where she was born normally would have jurisdiction over the paternity case until residency is established somewhere else. It typically takes 6 months or so to establish residency in a new state or country, so if he files promptly, a US court could retain jurisdiction over the matter.

I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!

Customer: replied 2 years ago.

and what happens if we are not there?

 

Expert:  Tina replied 2 years ago.
You should retain a family law attorney in the location where the petition is filed to represent you.

If you are served with the petition and fail to respond, the father will normally obtain whatever relief from the court that he is seeking.
Customer: replied 2 years ago.

how are we served with the petition if we don't have an attorney there and he could get paternity without a DNA test?

Expert:  Tina replied 2 years ago.
He would typically need to hire a process server where you are located to have you served.

If he admits to paternity, the court could grant his request to establish paternity without a DNA test.
Customer: replied 2 years ago.

Even if I am not sure if he is the father?

Expert:  Tina replied 2 years ago.
If you do not contest the matter by failing to appear, then it would be granted normally.
Customer: replied 2 years ago.

I am not a US citizen, what if I turn in my green card to prove different residence?

Expert:  Tina replied 2 years ago.
That would not prevent the court from taking jurisdiction of the case normally. I'm sorry, but if he files a petition, it would typically be best to respond to the allegations and defend in the matter if you do not wish him to obtain the relief requested.
Customer: replied 2 years ago.

ok but they have to serve me first right? I am worried he will open a case and i never find out.

Expert:  Tina replied 2 years ago.
Yes, the law requires that you be served first.
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32620
Experience: JD, 17 years legal experience including family law
Tina and 2 other Family Law Specialists are ready to help you

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Tina
Tina
Family Lawyer
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JD, 17 years legal experience including family law