Saturday, September 28, 2013

What happens if an American father files a paternity suit against a mother to ?

Q:  What happens if an American father files a paternity suit against a mother to establish paternity and get custody/visitation rights? The mother shows up in court in New York City and produces a US consular of birth abroad certificate as proof that her daughter is born in Japan, and she gave up her child for adoption in Japan. She gives paperwork from the Japanese courts that her daughter was legally adopted by her sister in Japan. Any US court rulings made cannot be enforced in Japan, and the only thing the US court can do is put the mother in Jail/prison. The Japanese mother lives in New York City the same place where the American father lives.


A:  David's Answer:  First, the father would not be able to "establish paternity" in the U.S. if the child is not available to participate in a DNA test due to the adoption. Thus, assuming the Japanese adoption decree is valid, then the father must fist retain Japanese counsel so as to reverse the adoption proceeding there (presumably due to lack of jurisdiction). If successful, then the father may thereafter file for paternity and custody/visitation here. For a full assessment, you're best advised to schedule a consultation with a NYC Child Custody attorney.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

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