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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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I have a daughter who was taken from me in a custody battle ...

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I have a daughter who was taken from me in a custody battle with my ex-boyfriend. There was an emergency injunction and he was granted custody because of drug use. I tested positive for THC. I have always questioned the baby''s paternity because my ex-boyfriend and my bestfriend all slept together around the time I concieved. I signed an affiadavit that my ex-boyfriend was the father. She recieves benefits from social security because my ex-boyfriend is on disability. I still question the paternity. The judge did not order a paternity test because of the affadavit I signed and I agreed that the signature was mine. What can I do to get my baby back?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Unfortunately, if the affidavit was not revoked within 60 days, that document is sufficient to establish paternity, the judge does not have to order paternity testing.

With that said, the judge may issue a paternity test if another male were to challenge paternity, claiming that he was the father. This male would have to petition the court to establish paternity, you can't do it but this other male could. If he turns out to be the father, then this new male would have rights over your child.

As for you, only way to get your baby back, would be to show that you are in rehab and have been clean for some period of time (typically 6 months to one year) for you to petition the courts to address whether you can get custody of your child.

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