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As with so many legal questions, the answer to this one is “yes...but.” In terms of getting custody of your child as an unmarried father, yes you can. However, you must first establish paternity of him or her. Perhaps you have already done this by means of a voluntary Acknowledgment of Paternity that you and your child’s mother signed sometime after your child was born. If not, you will need to go to court and petition the judge to declare you the biological father of your child. You will need to undergo a DNA test in order to prove your paternity.FindLaw explains that once you have established paternity, your parental rights as an unmarried father are the same as any other parent. You can therefore get custody of your child if the court determines that this is in his or her best interests.

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