Originally Posted by
knowbody111
Continuing on the same subject, paternity has been confirmed by both me and her ( being the mother). do I still need to take a DNA test here in Montana? that is beside the point, the situation is that guardianship has been established with her aunt in a nother town. guardianship was established before I was confirmed as paternal father of my daughter and I have an objection of who she is with, my question is will I be able to get my daughter or will I have to go through the court to do so?
1. please do not start new threads if your old thread has a reference, merely add a responsse to it. Since to be honest I have no idea what "continuing" on the same subject is, since without some effort to go find your old post, I have no idea what your old post was. You will get better answers if you keep all of the same parts of a post together.
In most courts, if both mother and father confirm to the court they do not always require a DNA test, but if it was me, I would get one to have full proof. And this is part of the reason for the DNA test so that it can not be challenged by another court.
No you can not just go get the child, since the courts ( even if illegally) gave guardianship to someone else, you will now have to go to court to get custody given back to you. You can ask them to let you have the child pending a court hearing, and perhaps they will merely sign it over so that there will not be a court battle, but you will have to go to court to get custody back