Family Law Questions? Ask a Family Lawyer Online.
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?
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.
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