Q: father signed paternity affidavit when kids were born but has not supported them at all;now refusing to give them back
we were not married at the time my oldest son was born, I was actually still legally married to someone else. He said the paternity affidavit for both kids. Has been a part time parent since they were born,in and out of the picture. I have never taken him to court so there is no custody or visitation order. When I moved out of state, I allowed the kids to stay with his mother until i got stable,2 months tops. His mother is in the hospital so he has the boys and is refusing to give them back to me. What are my legal rights? Can he legally keep my kids from me?
A: If he has not been adjudicated legall y the father, he does not have any right to them. The paternity affidavit does not entitle him to custody. Go to school, get the kids and do not let him have them again.
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