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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I just found out that I am not on my child's Birth

Customer Question

Customer: I just found out that I am not on my child's Birth Certificate and his mother is planning on taking him out of the country permanently. What is the best course of action in this case and what are my rights?
JA: Thanks. Can you give me any more details about your issue?
Customer: My son was born in Nicaragua when his mother was on vacation. She neglected to include my name on his Birth Certificate and just informed me. Worse yet, she is married to a Gay man, a Russian citizen, with HIV who, by law, has more legal rights over my son than I do. I have two weeks to change this situation before she returns to Nicaragua permanently. She is also a U.S. Citizen, but does not have resident status in Nicaragua
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Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I suggest your first step is to begin a Paternity test proceeding. You will need to have the DNA evidence that you are indeed the biological Father to begin any type of proceeding to have your name placed on the Birth Cert and thus giving you standing in the courts. However, when you file the Petition for the Paternity testing you can also request the court issue a temporary injunction that would prohibit the Mother from taking the child out of the country until the paternity is proven. Once that happens, then you will want to file for your custody rights.

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