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  1. #1
    Join Date
    Mar 2019
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    2

    Default Can a Foreign National Living Abroad Collect Child Support from a U.S. Citizen

    My question involves a child custody case from the State of: California

    I met a man in California while I was a foreign exchange student. We dated for a few months and after I finished school, my education visa expired and I came home to my home country (Guyana). He came to visit and i ended up getting pregnant during that time.

    Can I collect Child Support from this country? I don't have much of his personal information and it seems like he doesn't want to be part of this babies life. Do I have to go to USA and find him so I can put him on the birth certificate?


    What do I do? Is there anyway I can hold him responsible for this? I do have his social media accounts.

  2. #2
    Join Date
    Sep 2010
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    19,042

    Default Re: Pregnant with a U.S. Citizens Baby I Live Outside of the USA

    If by "this country" you mean the US, the answer is probably yes provided you have no court actions filed in your home country. I'm going to assume that since you mentioned California, that is where the father resides. You'd need to get a California family law attorney involved. He'll have to find the father and follow procedures to establish paternity. Once that is done a court can order support.

    I home you have more to identify him than you seem to. Social media accounts are hardly a good identification even if you have them. His name (and his date of birth would be excellent) and where he lived or any other personal information you can remember.

  3. #3
    Join Date
    Oct 2006
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    15,400

    Default Re: Pregnant with a U.S. Citizens Baby I Live Outside of the USA

    Quote Quoting flyingron
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    If by "this country" you mean the US, the answer is probably yes provided you have no court actions filed in your home country. I'm going to assume that since you mentioned California, that is where the father resides. You'd need to get a California family law attorney involved. He'll have to find the father and follow procedures to establish paternity. Once that is done a court can order support.

    I home you have more to identify him than you seem to. Social media accounts are hardly a good identification even if you have them. His name (and his date of birth would be excellent) and where he lived or any other personal information you can remember.
    I am going to disagree with this a bit...or rather add a caveat. By following this advice you would be granting the courts of another country (the US) jurisdiction over your child and your child's custody. I do not believe that you want to do that. At the same time, I do not know any other way for you to establish paternity, as your child's father would not be subject to the jurisdiction of the courts in your country either.

    Your are probably going to want to speak/consult with an attorney in California to see what they might be able to do for you without giving the US jurisdiction over your child.

  4. #4
    Join Date
    Jul 2018
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    1,395

    Default Re: Pregnant with a U.S. Citizens Baby I Live Outside of the USA

    I assume that the alleged father lives in California. If so, and if you want him to be ordered to pay child support, you will need to file an action and prove his paternity. If you can do that successfully, then the court will enter a child support order. I suggest you consult with a family law attorney in the California county where the alleged father lives. Note that it is possible that you could obtain a child support order in Guyana (I obviously have no idea how things like that work in Guyana). Of course, you'd have no ability to compel the father to appear in court in Guyana. If you get an order from a Guyanese court, then you could take that order to a California court and ask the California court to enter an order based on the Guyanese order. That would be far more complicated and expensive than simply seeking an order from a California court in the first instance.

  5. #5
    Join Date
    Mar 2019
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    2

    Default Re: Pregnant with a U.S. Citizens Baby I Live Outside of the USA

    The baby hasnít been born. Would it make sense for me to come to US for the baby to born where I can establish him as the father?

    If I came to the US? What would I need to do to make him legally responsible?

  6. #6
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    Jul 2018
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    1,395

    Default Re: Pregnant with a U.S. Citizens Baby I Live Outside of the USA

    Quote Quoting 458wolfiex
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    Would it make sense for me to come to US for the baby to born where I can establish him as the father?
    Neither I nor anyone else here is in any position to opine about what does or doesn't "make sense" for you (even assuming you could get a visa to enter the U.S. under the circumstances). What I can tell you is that neither your physical presence in the U.S. nor giving birth in the U.S. would make it more or less difficult to prove the alleged father's paternity.


    Quote Quoting 458wolfiex
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    If I came to the US? What would I need to do to make him legally responsible?
    I explained in my prior response what is needed to obtain a child support order that is enforceable in California.

  7. #7
    Join Date
    Sep 2010
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    19,042

    Default Re: Pregnant with a U.S. Citizens Baby I Live Outside of the USA

    Quote Quoting 458wolfiex
    View Post
    The baby hasn’t been born. Would it make sense for me to come to US for the baby to born where I can establish him as the father?
    You can't do anything until the baby is born. Understand, given your description of the circumstances, you would likely be denied entry.

    If I came to the US? What would I need to do to make him legally responsible?
    Unless he volutarily acknowledges parternity, you're going to have to start a legal proceeding and prove he is the father. If you wish to pursue any of this, you need to talk to an attorney in California (preferably near where you think the fahter is).

  8. #8
    Join Date
    Oct 2006
    Posts
    15,400

    Default Re: Pregnant with a U.S. Citizens Baby I Live Outside of the USA

    Quote Quoting 458wolfiex
    View Post
    The baby hasn’t been born. Would it make sense for me to come to US for the baby to born where I can establish him as the father?

    If I came to the US? What would I need to do to make him legally responsible?
    Do you want to be able to return to your home country with the child? If so, do NOT do that. If the child is born in the US the US will have jurisdiction over the child and you will not even be able to get a passport for the child without the father's or the court's permission.

    Even though it could be more expensive, I recommend that you follow the previous suggestion made to file in your country and then have a lawyer as the courts in CA to enforce that order.

  9. #9
    Join Date
    Dec 2007
    Posts
    237

    Default Re: Pregnant with a U.S. Citizens Baby I Live Outside of the USA

    Just the child being born in the US does not establish the man as the child's father. He would likely (and should) request a DNA test to prove paternity.

    Just because you have an order does not mean he will actually pay. Many parents ignore the orders; it takes a lot of time and money to pursue them for non-payment.

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