In a child support case, what is most likely to be ruled by a judge if the father lives in a diff. country?
After divorce, then abandonement of our child, and after 8 yrs. the father of my child decided he wants visitation & to pay child support. Currently we are waiting for the court to rule. Since he lives in another country, does anybody know what usually happens in a case like this?
Answer:
In your situation the branch of law that applies is called Family Law. The thing about family law is that there are different statutes in effect for each state but most of them follow that the "Best Interest of The Child" is the standard applied.
PERSONAL JURISDICTION:
The issue that you will face, since the father lives out of the country, is enforcement of child support. Living outside of the U.S., no one has Jurisdiction over him, so it will be impossible to collect from him personally. The only other way to collect from him would be through his property or assets. Even though the state does not have Jurisdiction over his person they might be able to seize some of the property that he left behind.
Usually the laws of the country and state where the child resides take president. They also take into consideration the history of the parents, as well as what is best for the child. He may get some visitation, but likely not any custodial rights considering the abandonment.
Hope it all works out.
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