I am a father who has custodial rights over my daughter 85/15.her mother never contacts her but maybe a few times a yr. Now ahe filed a paternity suit as well as saying I dont let her visit my child when she never tries or even support her. If the test comes back her not being my daughter can she take her
1 Answer from Attorneys
Since a paternity action was filed, I am assume you and the mother were never married, If you were not married and you have not legitimated the child, you do not have custodial rights. Don't know if the mother has requested a DNA test but assume from your posting she has. You need to get an attorney and file an answer and counterclaim to legitimate and request custody. I would not try this on your own.