Well she would need to be a resident for six months in order to file for support.If neither he or his ex girl friend has not filed for custody then neither one has custody legally until it is ordered though the court. If your son is on the birt certificate he can file for custody and she would have to come back to appear in court. If he is not then he would have to have a parently test and exstablish that he is the father before he can file. He does have rights if he wants to file for them.
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