Ok so here's the backround for the story. My fiancée has a 5 yr old daughter, the problem is he's not her legal father. Another man signed the affidavite(sp?) when she was born and he is listed as the father on the birth certificate. She knows the man on the birth certificate and "knows" he is dad, but she hasn't seen him much since she was born because he was in jail and calls him by his first name. My fiancée on the other hand has been there to bond with her, she calls him daddy and comes to our house all the time. The mother refuses to get a paternity test done and because she is over 2 yrs old the man on the birth certificate can't request one, so I've been told. In the past 3 months the mother has had the child maybe 4 days total, she is a meth addict and bounces around from place to place. How do we get a paternity test? And if she is my fiancee's how do we get custody?