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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27594
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My nephew was born in South Korea & the father resides in

Customer Question

My nephew was born in South Korea & the father resides in the US. The mother of the child had registered my nephew under her surname without discussing with the father. The father is trying to see if he can get legal custody of the child since the mother refuses to let him see the child. The mother even went ahead and told their son that the father is dead when he is alive. Is there anyway for the father to get custody of the child even if he is here in the US? or must he get an attorney in South Korea?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. Were they ever married? Just to be clear, the mother and child are in South Korea now and the father is in the US?

Customer: replied 1 year ago.
They never got married and the father is in the us
Expert:  FamilyAnswer replied 1 year ago.

Thank you. If they never got married, then it would be presumed that the mother has sole legal and physical custody. For the father to try and get custody of the child, he would first need to establish paternity and then proceed through the court and have visitation or custody ordered. If the mother lives in South Korea at this time, the father is not going to be able to proceed and serve her and allow the court to gain jurisdiction over the matter, so this could be heard. If she lived in the US, it would be easier but he would need to file the cause of action and then she would need to be served and if she lives out of the country, it will be hard to do.

Expert:  FamilyAnswer replied 1 year ago.

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