Does the father of my son have legal custody of our son?

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Does the father of my son have legal custody of our son?

My son lives with his father but he is not on the birth certificate. There was a DNA done and he was proven to be his father.

Asked on September 26, 2011 under Family Law, Kansas

Answers:

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

Answered 10 years ago | Contributor

Parents are the natural guardians of their children earning that absent a legal document that states something to the contrary, you both have the same legal rights to your son.  Now, his Father and you are not married so the establishment of parental rights needs to be done through the courts.  He would be seen as the "custodial" parent meaning the parent with whom the child resides a majority of the time.  But being the non-custodial parent does not mean that you lose your right to make decisions on his schooling, medical issues, etc.  or the right to see him and visitation.  Please go and speak with a lawyer on the matter.  Good luck.


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