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

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???

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?

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Attorney answers 2


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

Mary Katherine Brown

Mary Katherine Brown


As always, Attorney Browde has offered good, appropriate advice.


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: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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