The little one escaped from Castro's house along with mom, Michelle and Gina.
In Ohio, if a man fathers a child out of marriage, our legal expert tells us daddy has no immediate legal right to the child.
Than means Amanda Berry is in charge.
"If he wants rights to this child and it's unthinkable at this point, but if he wants to go that route he would go and establish paternity and he could file a petition with the court," said 19 Action News legal expert Attorney Ian Friedman.
Castro just moved to another cell because he's off of suicide precaution watch.
Officials believe he won't hurt himself. He's still alone but the jail pod he's housed in has other inmates.
Castro gets 20 minutes at a time to walk around the pod, just like he use to walk around his backyard with his daughter.
In an earlier aired exclusive interview with 19 Action News Scott Taylor, Storm Pusztay, a former neighbor of Castro said, "He was stern one time with her. That's because she was looking through the picket fence at me."
Castro's former backyard neighbor also remembers both of them acting like daughter and daddy.
"I honestly can say he treated that little girl good," added Pusztay.
Castro's mom has visited her son three times in jail and his sister twice. So far no visit from his little daughter and while he can file for visitation from jail -- but he shouldn't hold his breath.
"Any one can file for paternity. You can ask for what ever you want getting what you want is a whole different story. That's not going to happen here," added Attorney Ian Friedman.
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