Who has legal custody?

So my cousin had her son when she was 16. Her and the baby's dad wasnt married at the time of conception or birth. They got married a year and a half later. She has been told since they wasnt married at the time he was conceived and born she has legal custody. He says since they are married now they both do. (They are getting divorced, and he refuses to give him to her) who has legal custody?

Custody should have been outlined in their divorce agreement, the answer depends purely on that.

They haven't had divorce court yet. They go next month.

Is the father on the birth certificate? Regardless of marriage if he is on there he has custody.

If there is no custody plan drawn up he can keep him as long as he wants technically.

If they don't have a temp order in place and he's on the birth certificate then they both have rights to the child. There's not much she can do except go talk to her attorney.

They are married, they have joint legal and physical custody

Quoting speaktruth2powr:" They are married, they have joint legal and physical custody"

  Nothing can really be done until a custody agreement is set in place.

In Ohio there is a law that says that an unmarried mother is automatically granted sole custody of the child until the father takes her to court... HOWEVER... they got married (it doesn't matter that it was after) so it no longer applies to their situation.

That's a tough one. If he was not listed on the birth certificate, then she does, because the baby was born before they were married and implied paternity does not apply. However, If he's on the birth certificate, then custody will be outlined in their divorce papers. I'm not sure he can legally keep the boy from her, though...they are going through a divorce, and if he's not letting her even see her son, then it's parental interference and can get the guy in big trouble.

Quoting Binky ♡:" Is the father on the birth certificate? Regardless of marriage if he is on there he has custody."

   this is my thought as well.