Legal Question in Family Law in Montana

Non-Citizen to be Single Parent, paternity and custody

Hi,

I am presently in Idaho as a student and from different country. I decide to become father with my girlfriend (now ex)in Montana. we have agreed before verbally to consider each others wishes and responsiblities once the child is born.

Both of us are responsible and don't have anything that might prove bad for the child or its upbringing(drugs or criminal record).

Now my ex-gf has taken a complete U turn. she claims:

1. I am not the father. ( I can prove it through paternity test and so how and when and how much it usually costs).

2. In case I turn out to be the father how and what way will i get the custody. like:

a. do i have to fight the case in Montana. ( i have NC drivers license).

b. what is the possiblity of losing child custody completely (or under what conditions - in montana).

Thanks

--name removed--


Asked on 10/09/04, 7:02 pm

1 Answer from Attorneys
Michael Cherasia Attorney at Law

Re: Non-Citizen to be Single Parent, paternity and custody

To give you an answer I need more information-- such as how long has the ex been in Montana-- that would help determine which state has jurisdiction. You will probably need to hire a lawyer in the appropriate state to file a petition for determination of paternity. If the results confirm that you are the father, then you will need to file a petition for custody/visitation. There are two types of custody: legal- the right to be informed concernong the child and to make or take part in making decisions concerning the child; and physical- the right to enjoy the companionship and provide direction to the child. In Idaho, like most states, to completely deny custody a parent must be determined to be at least unfit. Depending on other factors the standard can be much lower. The fact that you are a non-citizen should not effect your right to custody, except as a transportation problem should you return to your home country. Courts don't like sending young children on lengthy plane flights, especially unaccompanied. If you want to supply some additional information I can be reached at 208-883-4410

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Answered on 10/11/04, 10:51 pm


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