Thank you for your reply Wayne.
Since your nephew's name is XXXXX XXXXX his child's birth certificate, he currently has no parental rights
. Absent the establishment of paternity
, an unmarried father has no parental rights as he is not legally recognized as the father.
When a child's parents are unmarried the mother
has sole custody
unless the father takes some action to establish his paternity. If no paternity is established, the father has no rights regarding the child.
Fortunately once paternity is established, both the father and the mother will have equal rights to custody of the child.
Therefore, the first thing that your nephew must do is establish paternity. To establish paternity your nephew must file a paternity action in the district court where his child resides or have the mother sign a voluntary acknowledgment of paternity.
I hope this helps.I would be glad to continue our conversation and respond to any follow-up questions that you may have.