Temporary primary custody


#1

My husband got temporary primary custody of a child that we then found out was not biologically his. The child moved back with its mother who had temporary secondary custody. Our lawyer is the one who told us to bring the child back and that nothing further needed to be done. The mother was sent papers stating that the child was not his, that it is to be changed on the birth certificate, etc. but she will not sign them. We don’t want to go into a long legal battle regarding the paternity however we would like to know what happens to the temporary custody order. Since both the mother and “father” had custody (temp primary vs. temp secondary), now that the child is back with its mother how does that affect that order? Is one more responsible for the child than the other? Thank you.


#2

You should make sure this is straightened out. He shouldn’t be listed as the father of a child that isn’t his. He also needs to have the custody order updated. The order doesn’t automatically go away. He needs to challenge paternity.


#3

Thank you for the information.