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Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters.

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Old 09-25-2008, 10:29 AM
Lilly07 Lilly07 is offline
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Default Interstate Paternity Jurisdiction, and Filing a Summons
My question involves paternity law for the State of: Wisconsin and New York

I've posted on here once before, and am hoping someone will have some advice.

My son was born while I was living in South Korea. He is now 14 months old. His father is an American citizen who was also living in SK (where my son was conceived). He is a civilian.

We now live in WI. I managed to find where my son's father was working in South Korea before leaving there; however, CSE informed me that because SK has no agreements with the US, they cannot have him served there.

At this point, I am unsure where he is exactly, but I do have his SSN and Passport No.

He is from NY state. I was told by CSE that NY would have jurisdiction. Is this true?

I did some research and came upon in WI Legal Code "Summons by Publication." I'm wondering if it would be possible to have him summoned in this manner (or in another I am unaware of) despite not having a precise current address.

Please advise.

**For the record, he has always known about my pregnancy/son's existence and has not once shown any interest in my son. I am saddened by this beyond belief, but I feel that in the least he owes my son his financial support.
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Old 09-25-2008, 09:29 PM
distressedmom distressedmom is offline
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Default Re: Interstate Paternity Jurisdiction/Filing a Summons
You have some tricky issues. Were you ever able to consult with an attorney? Its important you file in the right place. If you file in the wrong location the judge may not be able to order the relief you request. You state should have an agency that works with the other states to establish and enforce child support orders. That may be your best route.
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Old 09-26-2008, 01:44 PM
aaron aaron is offline
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Default Re: Interstate Paternity Jurisdiction, and Filing a Summons
That is a tricky one. If his "permanent residence" remains in New York, then I agree with what CSE said - but he's a civilian, so the question is raised as to whether he's abandoned residence in New York. With due respect to CSE's statement that they can't serve him in South Korea, and due consideration of the potential cost of international service, would they consider allowing you to employ a process server to effect personal service in South Korea?
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