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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18801
Experience:  B.A.; M.B.A.; J.D.
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I am a US citizen who had a baby abroad, the baby is

Customer Question

I am a US citizen who had a baby abroad, the baby is 18-month now. The baby's biological father was present when the baby was born, but he is not listed on the birth certificate. I am the only parent listed. The father decided to leave us and went back to Cakifornia, we have not heard from him since. I am now brining the baby back to California and want to prevent any possible complications regard child custody. My questions are:
1) since there is no father listed on the birth certificate, if the father suddenly decides to claim paternity, is it true he needs to claim with CA court, and a letter needs to be served personally to me?
2) i've read news where a parent can claim another parent kidnap the kid if the parent brought the kid out of country and did not came back to America in time. Since I had a baby abroad and I am the only parent listed on the birth certificate, is this something I need to worry about?
Submitted: 11 months ago via Cornell Legal Info Institute.
Category: Family Law
Expert:  Phillips Esq. replied 11 months ago.

I am a US citizen who had a baby abroad, the baby is 18-month now. The baby's biological father was present when the baby was born, but he is not listed on the birth certificate. I am the only parent listed. The father decided to leave us and went back to Cakifornia, we have not heard from him since. I am now brining the baby back to California and want to prevent any possible complications regard child custody. My questions are:
1) since there is no father listed on the birth certificate, if the father suddenly decides to claim paternity, is it true he needs to claim with CA court, and a letter needs to be served personally to me
?

Response 1: If you reside in California, the father must file paternity action at the Superior Court in the County where you reside with the child and serve you with a notice of the action.

It is worth noting that until the Court has established him to be the father that he has no rights to custody or visitation--he has no parental rights.

2) i've read news where a parent can claim another parent kidnap the kid if the parent brought the kid out of country and did not came back to America in time. Since I had a baby abroad and I am the only parent listed on the birth certificate, is this something I need to worry about?

Response 2: Absolutely not. Also, the father has no rights since he has not formally established paternity of the child and cannot file complaint against you for parental kidnapping.

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