[pavvintz]

a man is assumed by his marriage to be the legal father to his wife's child who was born and still resides in CA... He lives in Germany and files for an uncontested divorce 3 years after the birth of the child. The mother does not appear for the hearing. He claims he was held not liable as a parent to the child under that foreign court.
But Is this a valid decree? Must not you establish another man as a father under a proper court hearing using the law of the jurisdiction where the child is ?
I can understand his uncontested divorce being valid......but as to his being held not liable as a parent.......uncontested, in the wrong venue...why would that be valid.
Must the man come to CA to determine his non paternity ?

[aaron]

The child was born in California, lives in California, and has apparently always lived in California. California is under no obligation to enforce a default judgment on the question of paternity from a nation which had no jurisdiction over the child.

[pavvintz]

Thank, you finally a straight answer. The man claims CA has to honor his country's decrees, because of a treaty. I said from what i read...the foreign court has to follow the law and procedures of CA for it to be honored. If no other relevant party to a paternity contestment is present how could that hold weight when there were no relavent facts presented or DNA done either. No comportment with the law as the presumed father had 2 years to disprove paternity and 3 years had passed....and he had been supporting his wife, even with knowledge of what adultery was committed and that she had a child.