How do you get a US citizen to rightfully claim a child as thiers?

My friend is a Filipino citizen and got pregnant by a US navy service member who was her boyfriend. They found out 6 months ago that she is pregnant. The man filed a fiance visa and processing is ongoing at USCIS for her to get in the US before her delivery date (3 months from now). Then suddenly, a week ago, he changed his mind and told my friend that he will no longer marry her. My friend is now worried that her child might be born without a known father. We would like to know if there’s any legal way to let the man be responsible to his child and get a support. And will the child still be considered as a US citizen if he will claim it as his child?

Asked on October 9, 2011 under Immigration Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There are several ways to deal with the current situation. The first is to contact the commanding officer of the U.S. Navy service member about what happened and the need for paternity testing when the child is born.

Most likely the commanding officer will take a report and get matters in line for paternity testing.

The second option which is probably the best is to contact the county district attorney's office in the county where the pregnant woman is residing after she retains a family law lawyer to assist her in order to establish paternity after the child is born. In most district attorneys offices thay have a family support unit to assist in the collection of child support (aid to families with dependent children).

As to the child being born without a known father, if your friend is not married to the navy service member before the birth, your friend can designate the navy service member as the father on the birth certificate.

 


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