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Thursday, June 23, 2011

My girlfriend/boyfriend and I have a child together. Who has custody of the child if we separate?

The mother will have custody of the child in this case even if the father’s name is on the birth certificate.  The father will need to have paternity established through court proceedings since paternity was not established by marriage.

The court may establish paternity by testimony and/or by DNA testing.  In my experience the Court will establish paternity by DNA testing even though the parties are willing to establish it through testimony.   JDF (205) 912-8247

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