Both parents would be entitled to custody. An exception might be if there was an Affidavit of Parentage signed. The Affidavit of Parentage says that the mother has custody pending a decision by a court.
The law presumes both parents are entitled to custody and possession of the child until a court order stating otherwise is entered. I suggest you hire a lawyer.
It depends Who is the child residing with? Are the parties married? If not, has legal parentage been established? Without the answers to these questions, it is difficult to adequately answer your question.
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