ouch, you had a great case up until you said you were legally married to someone else. If you planning on getting divorced, do that asap then work with the court on the othere issues, take care.
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You can certainly file a petition to establish paternity and for custody of the child. You will likely want to have a DNA test as well.. You'll want to let the court know that you currently have possession of the child and that you have since day 1. If you do not take court action, the biological mother of the child can take the child back from you at any time. You will want to consult with a good family law attorney in your area to make sure you take the appropriate steps and request the appropriate relief.
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