I'm not an attorney, but here's my argument on it (pro prosecution):
13-1302. Custodial interference; child born out of wedlock; defenses; classification
A.A person commits custodial interference if, knowing or having reason to know that the person has no legal right to do so, the person does one of the following: 1.Takes, entices or keeps from lawful custody any child, or any person who is incompetent, and who is entrusted by authority of law to the custody of another person or institution.
2.Before the entry of a court order determining custodial rights, takes, entices or withholds any child from the other parent denying that parent access to any child.
3.If the person is one of two persons who have joint legal custody of a child takes, entices or withholds from physical custody the child from the other custodian.
4.At the expiration of access rights outside this state, intentionally fails or refuses to return or impedes the return of a child to the lawful custodian.
B.If a child is born out of wedlock, the mother is the legal custodian of the child for the purposes of this section until paternity is established and custody or access is determined by a court.
One of the times that EJ destroyed Logan's apartment (August or September, I believe), the court gave Gabriel to Logan and issued a restraining order against EJ protecting Gabriel and Logan. Since the restraining order was issued against the "legal custodian of the child", as defined above, isn't the court implying that Logan was the father ("access determined by a court") by allowing Gabriel to stay with Logan? Otherwise, Gabriel should have been taken by CPS to protect him against the "legal custodian".
Since I haven't seen the actual restraining order, I don't know what exactly the judge who issued it said about it, but if it implies or states that Logan was the father at the time the restraining order was issued, doesn't that negate the defense's argument that Logan didn't have rights until December 17?