Establishing Paternity Of An Out-Of-State Father

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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Most Common Family Law Issues:

How Can I Establish Paternity If My Child's Father Lives Out Of State?

The fact that you and the alleged father live in different states will not keep you from pursuing a paternity establishment action. Your state may be able to claim jurisdiction (i.e. it can call him into court) and establish paternity if the alleged father had lived there or the child was conceived in your state. Otherwise, your state can petition the other state to establish paternity under their laws. Often, genetic tests will be ordered to help prove paternity.

What If Paternity Is Established In Another State?

If paternity is established in another state, then the child support order can also be entered in your state. You should contact your caseworker or a lawyer to help you with this.

My Child's Father Is On A Military Base Abroad- How Do I Establish Paternity So I Can Get Child Support?

You can apply for child enforcement services at your local CSE office. If your child's father is willing to sign documents to acknowledge paternity and agree to support your child, then enforcement can proceed by a wage withholding order. If the father of your child is on a naval ship or lives on a military base abroad and will not acknowledge paternity, you may have to wait until he returns to the United States to have blood work done.

What Happens If My Child's Father Purposely Leaves The State To Avoid A Paternity Judgment On Him?

If an accused father fails to respond to a formal complaint properly served upon him, a default judgment (i.e. he automatically loses in court) can be entered against him that establishes he is the father. At the same time, a court order for child support may be issued. If the parent has disappeared, State and Federal Parent Locator Services can be called on to help find him. States must give full faith and credit (i.e. other states must adhere to the original state's decision) to paternity determinations made by other states in accordance with their laws and regulations.

Do I Need An Attorney To Help Me Establish The Paternity Of The Out-Of-State Father Of My Child?

Paternity and child support is often one of the most bitterly fought issues in the courtroom. A good family attorney will protect your rights and help deal with this very troublesome issue. An experienced attorney will be able to help you establish the paternity of the father of your child, even if he is out of state.

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Last Modified: 02-11-2011 04:24 PM PST

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