QUESTION

Does the father have rights if paternity has not been established?

Asked on Jul 13th, 2015 on Child Custody - Louisiana
More details to this question:
In Louisiana. If the father did not sign the birth certificate and has not taken a DNA test, does the mother have sole custody until he request a DNA test? Mother is worried about him taking the child even though he is not on the birth certificate and paternity has not been established.
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1 ANSWER

Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
1 Award
The father does not have any rights until he proves paternity (that he is the father) with the court. If the mother allows him to have physical custody of the child, he could keep the child and refuse to return the child to her. She could call the police who may or may not assist her. If the police refuse to assist her in the return of her child, then she would have to institute legal proceedings.
Answered on Jul 13th, 2015 at 3:24 PM

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