International Issue International Paternity Problems (Germany/US)

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juneauflyboy

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I am a US citizen, and met a German tourist girl visiting my city in Dec. 1994. We had a one night stand and she went home.

We continued to talk by phone and mail, until two months later - when she told me she was pregnant, and had not been with anyone since me. I believed her and brought her to the US on a fiance visa, and we were married. A few months later the baby was born - one month late of the "due"date. I became very suspicious, but did not contest paternity since I loved them both anyway.

3 years later we split and she went back to Germany with the child. Early this year I get papers from a German court saying they are suing me for the child support they paid to her. I asked the mother to do a DNA test and she refused - and admitted she did see someone after me, in Jan. 95. - 9 months before the child was born.

I am familiar with "reciprocal arrangements" a little, and know they exist between the US and Germany.

My question is: Will a US court enforce a German judgement without establishing paternity?

Hiring a lawyer in Germany will likely cost me the same as the amount requested by the German court, ie. I lose either way. If I default on the court hearing, they will still have to work tirelessly to try to get the money from me. If and when they get to that point, will I not have a right to verify paternity before paying the judgement?
 
I don't think any reasonable court would refuse your request for a paternity test. Since you already have reasonable grounds to justify such a demand, you could petition the court to demand such tests in support of the responsibilities imposed upon you as a result of the alleged paternity and in light of your discovery.

I'm NOT an attorney, this is NOT legal advice!
 
Paternity

It is my understanding that in some states that at the time of a babies birth the LEGAL father is the married spouses. You married her THEN she gave birth. Check your state paternity laws or codes. Germany might have a totally different law and might not care about true paternity because your name is on the birth certificate.

Just FYI...babies have been known to be a month late at delivery, especially if it's the first child born.

This is not legal advice either as I am not a lawyer.
 
It's important to know that you have a right to establish paternity since in this case, the issue involves legal obligations extending to other countries and you also have reasonable doubt regarding the legality of such issues. You should always consider the request for a DNA or blood test as you trying to do what's right. You're not trying to back away from your duty, just trying to ease your mind, there's nothing wrong with that.
Just like any man can request a court for a paternity test during divorce procedures when there's enough evidence that the child may not be his after all (spouse's own admission), you should be able to request the court for a DNA test as well. However, if you're proven to be the father, you'll more than likely have to honor your responsibilities and commit to a child support plan. You should anyways, even if no court enforces the order and you're proven to be the father.

Not an attorney, not legal advice.
 
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