Legal Question in Family Law in Kansas

My father is with a Filipino women for the last 4 years and they recently just found out that she is pregnant with my fathers child, they also recently just broke up and she is now threatening to go back to the philippines before the child is born. What are my fathers rights?


Asked on 8/04/14, 8:41 pm

1 Answer from Attorneys

Anthony Smith LawSmith

There is no child born yet, so there may be no way to establish paternity yet. If they are married, he is assumed to be the father until it is proven otherwise. I cannot advise you as to Filipino law. If she has the child there, she might get a Court there to Order support. Obviously, if they are not married,a child born outside elsewhere would not have US citizenship without a Paternity Order. If she obtains a support Order elsewhere, your father may be able to contest paternity in stopping any attempt to garnish his wages or bank accounts, etc.

An unmarried woman returning to the Philipines may not be asked if she is pregnant, when leaving. Neither DHS nor the TSA will likely ask her to declare her pregnancy status. If she is obviously with child, the FAA or the airline may require her to make declarations. If she claims to not be pregnant, that may hinder her ability to to obtain or collect child support.

If your Dad believes the child to be his, and he wants to have a relationship with the child, he might only have some form or reconciliation as an option until the child is born. he can seek an injunction to prevent her from fleeing the country now, but a judge may not force an invitro paternity test. Once the child is born, your father can seek custody of the child.

Good luck

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Answered on 8/20/14, 10:31 am


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