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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1343
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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If an unmarried US citizen living in France gets pregnant by

Customer Question

If an unmarried US citizen living in France gets pregnant by a French citizen, what rights does she have regarding custody and what rights does the French father have? Thank you.
Submitted: 1 year ago.
Category: French Law
Expert:  wendy-Mod replied 1 year ago.
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Expert:  T Perrin C replied 1 year ago.
The father will have to recognize the child before or after birth to exercise his rights as a father. Apart from this both parents will have exactly the same rights regarding the child (custody, parental authority, rights and duty) as if they were married.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1343
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
T Perrin C and other French Law Specialists are ready to help you
Customer: replied 1 year ago.
If she was still pregnant would she be able to repatriate to the US? Woudl she have to wait until the baby is born? Could he prevent her from leaving France? I am doing research for a book so any extra information is greatly appreciated. If the baby were born and he did not find out until she was back in the US, would he still have rights? Could international custody be enforced? I.E. is it possible that she would have to send the baby back to France for visitation? Which country would the proceedings take place? Which country would have presidence if he didn't enact his rights until after she was in the US? In the states between US citizens the mother is almost always given custody - could he fight for and win custody even if she were completely fit? What if he took examples from before she ever became pregnant to "prove" she was unfit?
Expert:  T Perrin C replied 1 year ago.

Nothing, except some airline rules requiring a medical examination and the agreement of the captain to allow pregnant women in the 7th, 8th, and 9th months to embark on transcontinental flights, to fly back to the US.

If he finds out he is the father of the child, even a long time after the baby is born, he can recognize it as his, provided no other man has done some before him. If there is an argument on the matter either with the mother or another putative father, a court will rule on it. The father may ask that genetic tests be used.

If the child is recognized by his father before he or she leaves France and he asserts that he wants to either share custody or have visitation rights, and the mother takes the child abroad, she may face prosecution for child abduction and, due to international treaties, may have to take him/her back to France.

If a father has a strong case, he may win sole custody, or at the minimum shared custody even if most children are left with their mothers.

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