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Wednesday January 17, 2001

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Man keeps custody of child awarded to him by forged order, lawyers

By The Associated Press

LOUISVILLE, Ky. - A man who innocently received custody of his ex-girlfriend's son through a forged court order three years ago will keep the four-year-old boy, even though he's not the father, his attorney says.

Paul Wallace Johnson, 34, of Evansville, Ind., will raise the boy, and Melissa Sue Witt of Louisville will have custody two weekends a month and on some holidays, said the attorney, Kevin Francke.

The agreement was approved Thursday in Vanderburgh Superior Court in Evansville, Francke said.

Witt, 23, lost the boy three years ago after the attorney Johnson hired in an attempt to gain custody forged a judge's signature on the order giving custody to Johnson.

Johnson said he didn't know his lawyer, John Broadway of Louisville, had faked the order. Broadway has since been disbarred and is serving a five-year prison sentence for forgery.

Witt's attorney, Patricia Kidd, discovered the forgery when she was hired in 1999 to help Witt regain custody.

Kidd confirmed that the case has been settled but declined to comment further, citing the confidentiality of the court records in Indiana.

Witt and Johnson lived together for a short time after the child's birth, according to court records.

Johnson, listed as the father on the boy's birth certificate, had fought for custody even after learning through a court-ordered DNA test that he was not the father.

Francke said Johnson plans to adopt the child, whose name was not released.

"It's been a roller coaster," Francke said. "Mr. Johnson and his family are happy to have this over with."