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Roger, Attorney
Category: Family Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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What to do if the mother had the child, father would not put

Customer Question

What to do if the mother had the child, father would not put is name on birth cert. mother allowed father to see him but now he refuses to give child back and has filed a petition for custody
Submitted: 3 years ago.
Category: Family Law
Expert:  Roger replied 3 years ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. thanks for using JA! I'll be glad to assist you.
Kirk Adams : If the father's name is XXXXX XXXXX the birth certificate, and if paternity has not been established by a court ordered DNA test, then it is very unlikely that he has any legal rights to the child at this point.
Kirk Adams : If he is determined to be the father, he certainly would have rights equal to that of the mother, but not until paternity is established.
Kirk Adams : Thus, it would be a good option to file a petition for emergency custody of your child and get a court order directing him to turn the child over to the mother immediately until paternity can be established, and then visitation.

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