Q: Hello! I would like to get information about chiild’s rights if an American parent deny her.
I am seeking legal advice regarding a complex situation involving me, my child, and there father, who is a U.S. citizen currently residing in New York. Me and our baby are currently in Belarus, and me and my husband previously lived together in New York.
The main issue revolves around the establishment of paternity and the child's rights, particularly in relation to U.S. citizenship and potential child support. The father, while a U.S. citizen, is currently denying paternity and thus, any associated responsibilities. This situation raises several questions and concerns:
Establishing Paternity: Given that the father is in New York, what legal steps can I take from Belarus to establish paternity? Is it possible to compel the father to undergo a DNA test through the New York family court system, despite me and our child currently residing in Belarus?
Child’s U.S. Citizenship Claim: As the father is an American citizen, what are the child's rights to US citizenship?
A:
In your situation, establishing paternity is a critical first step. Even from Belarus, you can initiate legal proceedings in New York, where the father resides. This typically involves filing a petition for paternity in the family court. The court can then order the alleged father to take a DNA test to determine paternity.
For the child's U.S. citizenship claim, if the father is a U.S. citizen, your child may have a right to U.S. citizenship at birth. The specific rights and processes depend on various factors, including the father's citizenship status at the time of the child's birth, the marital status of the parents, and the length of time the father lived in the U.S. prior to the child's birth.
You should consider contacting an attorney who handles international family law cases. They can guide you through the process of filing a paternity suit from abroad and can also advise on the child's citizenship claim. Remember, every case is unique, and legal advice needs to consider all the specific details of your situation.
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