Legal Question in Family Law in California
Child support. I am citizen of Russia, my 13 months old daughter has both Russian citizenship and American. She was born in Russia, out of wedlock, and her father gave me right to apply for and get an American passport and Birth certificate of American citizen born abroad. In order to get the last document he signed Affidavit of parentage and financial support form.
Now when me and my daughter faced the family abuse situation, I leave back to Russia! My question is can i apply for child support for my daughter from abroad? Her father refuses to pay anything since I'm leaving... Can I apply for full custody of my daughter? What do I need to start with? Thanks in advance!
1 Answer from Attorneys
Maybe. Your question is complicated because of the dual citizenship of the child and the financial support he was already providing for the child to register as a US citizen (I'm not sure if there is continuing jurisdiction as that depends on your particular facts). On top of that you're not in America anymore so whether California is a home state of the child or not matters and I have no idea how long you've been gone from California. It also depends on Russian law when you can file there.
Talk to a Russian lawyer first. To start you could go get a Russian lawyer. If you go to a Russian Court and apply for custody and child support orders they would give notice to the father regarding the hearing. After the hearing you could then hire a California attorney to have them recognize the foreign order under the Hague Convention.
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