Can a biological father get temporary sole custody of a child ?

Asked over 2 years ago - Bronx, NY

My son's biological father did not signed my son's birth certificate with his legal name, He gave my son a last name that is not his legal one, he obtained temporary sole custody of my son with his legal name. Is it legal that he received temporary sole custody without even proving that he is my son's biological father since he had one name at my son's birth and then claim my son with a different name???

Additional information

my sons father claim to be someone with a different last name at signing my son's birth certificate, which he also gave my son, so technically he is not his legal father since he claim my son without his real legal name. what are the procedure for this type of case?

Attorney answers (2)

  1. David Alexander Browde


    Contributor Level 20


    Lawyer agrees

    Answered . Under some circumstances, yes. you should discuss the situation in detail with a local family law attorney.

  2. Mary Katherine Brown


    Contributor Level 20

    Answered . A proper answer requires a review of the court order that awarded temporary custody. Upon review of the order, it will then be possible for an attorney to determine whether there is a legally appropriate plan to have the order reversed. You can find attorneys in your area by searching among the profiles here on Avvo. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Father's rights in child custody

Father's rights refers to the parental rights of the father, primarily child custody and visitation rights. Fathers sometimes also need to establish paternity.

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