My son is 17,will be 18 in October. He has a child. Mother will be 18 in August. Her and child lived with us until their relationship ended. Her and child now reside with her parents. There has been no custody order and paternity was established when child was born.
As a general rule, the matter of legal custody is decided by an order of the court. If neither party has filed a petition seeking a custody determination, neither parent has legal custody. However, legal custody is to be distinguished from physical custody, which generally connotes the child's primary residence. Based on the facts as presented in this forum, it appears that the mother has physical custody of the child, who appears to live with her. If the court has not intervened in his matter the parents do not share joint legal custody.
Lawyers.com offers general information and not legal advice. Legal advice is based on the specific facts in your case, as applied to the applicable law. If you require additional information concerning paternity, the impact paternity has on custody, etc., you need to confer with an experienced family lawyer in your area. Detailed questions cannot be answered in this forum, because more information is needed.
Finally, most lawyers charge by the hour for consultations. Therefore, you need to discuss the cost of a consultation before scheduling an appointment to avoid any confusion about fees. Best of luck~
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