Celebrating 10 years! 2007-2017

Complicated Immigration Hypo

Can anyone untangle this one, or are they screwed? Hypo: flyingsolow08/10/18
I don't have an answer, but you'll probably want to read up shithead08/17/18
Dad needs to preempt and file a parentage case in Chancery A isthisit08/19/18
flyingsolow (Aug 10, 2018 - 11:23 am)

Can anyone untangle this one, or are they screwed?
Hypo: Mom and dad have a child born in the USA. Both parents are illegal.
Parents are not married no parentage case was ever filed; they don't live together.

Mom wants to return to her home country b/c that's where she can get some help with the child. Father is resisting (btw, they are from the same country). If she leaves behind his back, takes the kid; he then files parentage case (while the US courts still have jurisdiction over the kid).

He can't serve her because she is gone. Is there any scenario where they extradite the kid back to the US?

look forward to your thoughts, thanks!

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shithead (Aug 17, 2018 - 2:28 pm)

I don't have an answer, but you'll probably want to read up on the Hague Convention for this one.

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isthisit (Aug 19, 2018 - 10:46 am)

Dad needs to preempt and file a parentage case in Chancery ASAP. Unless he's on the birth certificate he has no enforceable rights against mom.

Is he acting like kid's father (paying support, taking kid out, etc.) Or is he a deadbeat?

The Hague Convention holds (is it a treaty country?). The problem is unless you've established or are exercising parentage (defense to Hague) than she's free to take her rugrat anywhere she pleases.

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