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Child custody and support for child living in Mexico

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J

Joemxl

Guest
What is the name of your state?
California.

I had a child with my ex-girlfriend 2 years ago. She and the child live in Mexico. I live in San Diego, Ca. After the baby was born we lived together only on weekends. We separated 8 months ago(child was 1 and 3 months old). I started giving her money every month for my child's support, $300 a month. She just filled for Child support in El Centro Ca.

My question is:(1) Doesn't the child have to live in USA for her to request Child support? (2) How can I assure that she does not move from where she and my child are living now? I know that in somes states both parents have to agree, but she lives in Mexico and I live in US.

Thank you
 


F

frusteratedgf

Guest
Since the child was born in California, I would think she would have to file there...I'm not sure though so hopefully someone else will know. Good Luck!
 
J

Joemxl

Guest
Yes the child was born in USA. The child now lives in Mexico(in a border city to USA). The mother is not a legal resident of US.

I was told that in order to request child support in a certain county, the child has to live in that county.

Thank you.
 
L

Lil Miss Smarty Panties

Guest
I would think someone would have to be a legal US citizen and actually live in this country to file for child support thru US courts. What address did she give for her residence? does she have family in CA where she filed? I hope someone can give you a definite answer on this, and I am curious to know the answer as well.
 

karma1

Senior Member
hmmmm.....

observed almost this exact case in CA court-(El Cajon court)
the child was a US citizen but lived in Mexico, too-
the judge ruled for a continuance for the court to investigate exactly who had jurisdiction, meaning which country-did not make it back to see what the outcome was.
My initial thought is that you might have to prove that the child is, in fact, living in Mexico and I would gather all that evidence before court.
My next thought is that paternity should be established since you were not married.
If the court rules that US has jurisdiction, then address visitation and moving issues of child, along with support issues.
I would consult an attorney regarding dual country issues-and be prepared for anything.....
good luck
 
J

Joemxl

Guest
I guess that the only suggenstion is to contact a family lawyer.
I am not trying to get out of child support but what I really want it to have the right to see my daughter at least half of the week. Aslo I want to have a way of assuring that my ex does move from the city she is right now. I do not know if it is better to open a case here in the US since my child is a US citizen or in Mexico where my child is living right now.

As for paternity, I am the father, my name is on the birth certificate.
 

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