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good morning everyone and welcome to another episode of lj law family law tv my name is bonnie leonardo and i am your host todays topic is which parent has custody of the child if there is no court order in place the answer to this question is that it depends it depends on whether the parents are married or not if for example the parties are married then the parties have equal rights to custody until a court order is put in place if the parents are not married then the mother has the custody of the child until a court order is put in place there is no legal presumption of paternity meaning that the father is not automatically assumed to be the biological father of the child if the father wishes to have custody he must first establish paternity and he can do this in two ways um voluntarily or involuntarily what that means is that if the parents agree that the father is the biological father then they can come to an agreement just by simply filing a voluntary acknowledgment acknowledgem