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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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I have a question on child abandonment law. Does this

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I have a question on child abandonment law.

Does this law apply to a non-us citizen who is currently working in the US for a child who was born outside of the US to non-us parents?
I am a family law attorney and I believe I can help. However, it would help to have more information before proceeding. Please provide context as to the abandonment situation. Thank you.
Customer: replied 4 years ago.

A third party is alleging that I fathered a
child while working outside of the US and abandoned this child under US Law.


I am a non-US citizen now working in the US.

To what end? Is the third party seeking custody of the child? Or is this person seeking to terminate your parental rights? Or something else?


Equally as important, what do you want to happen in this matter?


Thank you.

Customer: replied 4 years ago.

The third party is seeking to get me to pay money and or child support of some kind. They have contacted my work and sent me an e-mail telling me that I should contact this third party or they will be forced to take legal action against me. They say that under US Alaska State Law I committed child endangerment of this child at birth, failed to provide support during and after the birth of the child.


I do not want to have any connection with this third party person or the alleged child.

The simple answer to your question is yes, the law applies regardless of your citizenship. However, it's really more involved than that.


I would suggest that it is unlikely that there will be any negative consequences of any real significance. Even if the mother prevails on her claim, it would seem that the worst possible outcome is that she ends up getting child support and child support arrears for support that should have been paid in the past. Candidly, she would likely get the same result without the abandonment claim. Meaning, she gains little to nothing by using the claim.


Also, you might consider seeking a termination of your parental rights (TPR). In a TPR, the terminated parent loses all rights and obligations in regards XXXXX XXXXX child. This would include any rights to custody or visitation and any obligations to provide support. If you are interested in a TPR, you might consider checking with the mother to see if she might stipulate to such a result.


While I don't know your plans as to where you will reside in the future, this may play a role in your actions as well. If you remain in the US, it would certainly be possible to collect support from you. However, if you were to leave the country, it would be difficult, if not impossible, to collect any support.


Please let me know if anything requires clarification.


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