[campbell2012]

Hi,

My husband fathered a child with a Canadian citizen. The child lives in canada. We will be taking DNA to confirm. If it is confirmed it is his child, what steps can he take to intiate child support and visitation in good faith. The mother of the child is bitter and will make this difficult. I prefer my husband be proactive and resolve this before she figures it out. My husband is not a US citizen, but is a Legal permanent resident. So my questions are:

Can he file a child support and visitation agreement request? If so, which jurisdiction US or Cananda?

[ScottGem]

Jurisdiction is where the child lives. You say you will be taking DNA, but unless the DNA testing is through the courts its not likely to be binding on the courts.

If it is just for your husband's decision to go forward that's fine.

If the test show he is the father, then he will have to file for visitation with the province where the child lives. While he can ask the court to award support, that's kind of up to the custodial parent. He can file for joint legal custody and visitation and let the mother file for support.

[stinawords]

Canada has jurisdiction. He needs to file for custody/visitation in the child's home province. Be prepared for him to take a second DNA test because home tests don't hold up in court. They have to be done at court approved facilities. That is why a court order generally comes first so all parties taking the test know where to go.

As for the support, that is something the custodial parent files for. I would advise setting some money aside for if/when that happens he can pay what is due rather than be in arrears right away. (Support can be awarded from the date of petition so any time between the petition and court date would be owed.)

[cdad]

How old is this child and what country were they born in?