If there is no court order for custody and the father has physical custody how can the mother get physical custody of the child?
In the United States both parents have equal rights to thechild if they are married and not divorced and there is nocourt order. Generally, if the parents are unmarried th…e mother has sole custodyand control in most states until the father can establish hispaternity. Remember, a child's mother can always be identified bymedical records. Since the father didn't give birth and he was notlegally married at the time of the birth he must establish hispaternity by signing the birth certificate at the time of birth(waiving DNA testing rights) which must be done with mother'sconsent. If he doesn't sign the birth certificate then he must seekanother way to establish his paternity and that is done through aDNA test. A paternity test can be arranged through the court andonce established the father can request visitations, custody andset up a schedule of regular child support payments for the child. Without further details it seems as though this father is making uphis own rules and exerting too much control over the child and thechild's mother. She should seek help ASAP from an attorneyor other legal advocate. (MORE)