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can I apply for temporary custody if...

my ex is a horrible person and I don't believe hes the dad of my son but he signed the birth certificate (I didn't want him to, and theirs nothing I can do about it now) but he filed for joint custody but hes the residential parent because I wasnt here to get served. can I file for immediate temporary custody until a DNA test is preformed? is there ANYTHING I can do...please help.

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Anonymous

Asked by Anonymous at 3:18 PM on Aug. 10, 2010 in General Parenting

Answers (6)
  • You need an attorney... They can point you in the right direction.
    MrsLeftlane

    Answer by MrsLeftlane at 3:20 PM on Aug. 10, 2010

  • All you can do is file for custody. You can't get temporary custody because of doubt of paternity, that is for if the judge thinks the baby is in danger or if neither of you have custody. If you take too long paternity isn't going to matter so, you need to have him ordered to take a paternity test asap and know that if it comes back that the child is his then you are going look like you only did that trying to get the child back w/o going to court. My husband got custody of his x-wife's child w/o being the bio father.
    matthewscandi

    Answer by matthewscandi at 3:24 PM on Aug. 10, 2010

  • call your county curcuit clerk, ask for a court date, asap. its free...you go into court and tell the judge the truth. it goes from there.... truly this is the only way, without an atty, and this is the same process he/she will take. many dont know that you can just ask for a date in family court...no atty. hang in there and good luck.
    Bearsjen

    Answer by Bearsjen at 3:24 PM on Aug. 10, 2010

  • You can't get temporary custody based on a suspicion, there has to be a compelling reason for a judge to change the child's residential parent. Talk to an attorney, or free legal aide, and find out what you need to do with regard to custody/DNA/etc. The laws vary from state to state, you really need someone in your community to help you navigate this.
    Scuba

    Answer by Scuba at 3:30 PM on Aug. 10, 2010

  • He's on the BC and even if he isnt the father he IS THE PRESUMED father and can probably get full custody of the child if you have been out of the picture and he has the child now. Possession is 9/10 of the law.
    vbruno

    Answer by vbruno at 5:02 PM on Aug. 10, 2010

  • ^^She lost custody because she took off with the child w/o the father's permission and the dad went to court to get custody. She didn't inform him of where she was so, she was "served" at last known addy court came and went he got custody because she didn't show at court. He won by default. Many women that run with their children because "they are the child's mom" don't know that dad's can go to court and do that. Interesting, huh?
    matthewscandi

    Answer by matthewscandi at 5:38 PM on Aug. 10, 2010

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