If you have never filed for custody of your children then you do not have legal custody of them though the court. It is best to file and get custody so that neither absent parent can try later to file for custody. You can file for child support against both fathers even without the custody. When you go to get custody the court will grant the father visitations and at that time the child support order will be also go in effect.. You will need to file for custody for both children because they have different fathers. The father that has his name on the birth certificate will have more rights then the father where the partently has not been established. But the burden of proof will be up to him to prove that he is or is not the father.



