QUESTION

Who has jurisdiction for paternity if father lives in South Carolina, child is in Colorado but were born in Virginia?

Asked on Nov 01st, 2012 on Child Custody - Colorado
More details to this question:
Ex admitted to having an affair while away for two weeks when she became pregnant. The child is now 14. Born in Virginia but has resided in Colorado for years now. I live in South Carolina. Colorado is saying I have to go to Virginia to request paternity testing. Virginia said no, it should be Colorado. Then Colorado said I have to go to South Carolina to request paternity testing. South Carolina said no, it should be Colorado. Is there a link to that law that I can print to give to Colorado to get this done? Thanks!
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1 ANSWER

Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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There is no simple answer to your question and it isn't clear who is telling you everything you describe. Obviously, one or more of the sources for what you have been told is probably wrong or totally confused, but without more facts (including why you want paternity testing anyway) it isn't possible to give a good answer. Clearly the mere fact that the child was born in Virginia is not enough to give VA jurisdiction over anything if no one lives there. If the putative father lives in South Carolina, only a South Carolina court can compel him to submit to paternity testing. That may involve a SC court issuing the order or it may only involve SC enforcing an order issued by another state, probably CO where the child is. Since you don't indicate what your relationship to the child is (if you live in SC and child lives in CO, something is missing from the essential facts) it isn't clear who can initiate a paternity case or where.
Answered on Nov 02nd, 2012 at 11:37 PM

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