Legal Question in Family Law in Mexico

Can my husband get dna test/gain custody of his child if the child is in mexico and he is in the USA?

My husband has a child in Mexico. Well, he believes the child is his. The mother did not register the child with my husband's last name. My husband is now in the US (he is a US citizen) and married to me and he would like to gain custody of the child because the child is living in a home full of heroin/other drug addicts. I do not know if the mother is a user but I for a fact know she LIVES in the home with the drug users and places the child in danger. Can my husband do anything about it since he lives in the US and the child in Mexico? My husband would like to take a DNA test before trying to gain custody. Can he do that here or would he have to do all that from Mexico?


Asked on 4/08/10, 3:55 pm

1 Answer from Attorneys

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Yes, he can.

If he thinks is his child, he can file the case at US Court because is child of US Citizen. US Court must send to Mexico, by consular via, the order. Is possible fight at Court from US to get the DNA test. But if DNA test is not positive, he can't make any more.

Any doubt or another question, let me know it please.

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Answered on 4/22/10, 1:52 pm


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