Can an foreigner sue a U.S.citizen in U.S. courts for child support?

Question

defendant parent a U.S. citizen,child not in U.S.

Answer 1

Any case involving persons from and residing in different countries gets complicated fast. But, the short answer is probably yes.

Non-US citizens have equal access to US federal and state courts as US citizens have.

Child related cases have three aspects: Establishment of Paternity. Determination of Custody and Visitation. Determination and Enforcement of Child Support.

Child related cases are heard in state courts in the US. Each state (and the District of Columbia) have enacted the Uniform Parentage Act and the Uniform Child Custody Act, which set out the rules for determining when a state court has the right to hear a case and how to choose which state will hear a case when two or more states both claim the right to hear it.

Under these acts, a state can hear the issue of whether someone is the parent of child if the defendant is found within the state.

A state court can hear the issue of how much someone should pay in child support if that person has appeared in the action or is found within the state.

In general, a state court can decide issues of child custody/visitation if the child has lived in that state for the prior six months, or a parent resides in the state and either the parents agree, or there appears to be no other acceptable forum.


So, a US citizen defendant can be sued for paternity and child support by a non-US citizen in a US court.

Whether that court can or will also hear custody and visitation issues is fact dependent and can not be predicted from the facts you have provided.

Answer 2

I believe that the whole point of child support is for the welfare of the child. Unless the child is in another country against the wishes of the U.S. parent, (as in a kidnapping case) that parent still has an obligation to support the child. Some parents live in the same country, nay, the same state, and do not see their children. But that parent is still obligated to financially support the child. Good luck.

Answer 3

the courts where the child claims residence would hav jurisdiction, but citizenship rights are based on the child and they could sue through US courts

Answer 4

Most likely yes. Yhe US has signed a treaty regarding international custody and support cases with most nations. Seek legal help.

Answer 5

Possibly, but the foreign court would likely have jurisdiction instead.

Answer 6

Most likely not because a non-citizen is not protected by American laws.

Answer 7

if the child is yours why not? Show some backbone and take care of your kid because you should not because someone else told you to