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  1. #1

    Default Validity of Disestablishing Paternity in a Foreign Jurisdiction

    German national (the husband) filed for divorce in Germany July 2003....uncontested and unattended by his American wife, residing back in CA. This man claimed that the German Court determined that he was not a parent to the child born by his estranged wife in CA. in 12/2000. As the child resided and was born in CA.......Was there legal jurisdiction to disestablish paternity, by a German court.....when under CA. law the statute of (2 years since the child's birth) had passed to disestablish paternity....even though the mother had not named the child after the husband or put his name on the birth certificate, as the law required.
    She claimed she was single and no other man was or has been established as a legal father.......she used a sperm donor.
    The mother has not filed the German Court decree in CA........
    is this interpreted as her not consenting to the German decree.......how does it affect paternity ?

  2. #2
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    Default Re: Validity of Disestablishing Paternity in a Foreign Jurisdiction

    Is English your second language?

    Germany may have had jurisdiction to resolve paternity under German law. You would have to ask a German lawyer. If that is the case, you should expect that Germany will decline to enforce any California child support orders.

  3. #3

    Default Re: Validity of Disestablishing Paternity in a Foreign Jurisdiction

    REgardless of what a german court did....in CA. the issue of paternity has not been resolved if the mother refused to file the german decree, Right?

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    Default Re: Validity of Disestablishing Paternity in a Foreign Jurisdiction

    Dad can seek to enforce the German order in California, as well.

  5. #5

    Default Re: Validity of Disestablishing Paternity in a Foreign Jurisdiction

    True... but I meant that if NO one files the german decree in a US court......there is no disestablishment of paternity in the US courts eyes until it is filed ? correct ?....therefore all this time that passes will not look good on the presummed parents behavior and the fact that the EX-H pays gifts of $$$ to the mother may further prevent him from claiming he had No legal paternal obligation ?
    I am just trying to figure out now... "who is still presummed to be the parents, under the eyes of Ca. law...given the inaction by the parties with the legal standing to disprove paternity.

  6. #6
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    Default Re: Validity of Disestablishing Paternity in a Foreign Jurisdiction

    If mom wishes to establish paternity under California law, she should go right ahead. Her sitting on her hands won't make the court mad at the putative father who, as you note, already has a court order albeit from a German court establishing that he is not the father.

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