Can my ex-husband still legally have physical/residential custody of my daughter if he’s not on the birth certificate and there’s no legal paternity acknowledgement form filed?

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Can my ex-husband still legally have physical/residential custody of my daughter if he’s not on the birth certificate and there’s no legal paternity acknowledgement form filed?

We weren’t married until a few years after our daughter was born. Also, we weren’t common law married either.

Asked on January 30, 2012 under Family Law, Montana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Am I assuming here that you want to fight the custody issue and this is the path that you wish to take to do so?  It will not be a good path in the end because all he has to do is request that a DNA test be given or acknowledge paternity - which may be enough for the courts - in order to defeat your argument (unles he is ot the father and that is merely a statement not an accusation).  Please seek legal help if you wish to obtain physical custody of your daughter.   Doing it on your own is not a good idea.  Good luck. 


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