Q: How can a dad establish paternity if a pregnant mom has moved to another country?
The pregnant mom is a U.S. citizen who has moved to another country.
Dad is not a U.S. citizen who travels to California for work. They met in California and the mother was living there at conception, but the child was conceived in a different country (vacation) than where the parents are citizens. She would likely refuse a paternity establishment request. Can the courts make her return to the U.S. for paternity establishment/test?
A:
Under California law, establishing paternity for a child conceived by parents of different nationalities can be complex, especially when one parent has moved to another country. If the mother is a U.S. citizen who has relocated abroad and is likely to refuse a paternity test, the situation becomes more challenging.
In California, a paternity action can be filed by either parent to establish the father's legal rights and responsibilities. However, enforcing a court order for a paternity test across international borders is complicated. The courts in California generally do not have the authority to compel a person residing in another country to return to the U.S. for a paternity test.
Your legal options may include working through international legal channels or the laws of the country where the mother currently resides. It's important to consult with an attorney who has experience in international family law and can guide you through the appropriate legal processes in the specific country involved.
Remember, each case has its unique aspects, and international cases can be particularly nuanced. Legal advice tailored to the specific details of your situation is essential in navigating these complexities.
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