My question involves a child custody case from the State of: Alabama
I suppose this would be the state, as it's my home state, but I'm not really sure how this works..
My husband of 16 years and I decided to split up in 2005, he went his way, I went mine, and "mine" just happened to be taking off to Mexico with a friend, whom I felt, at the time, was going to be the love of my life. We set up in a nice little town and the very same week I conceived our son, he very nearly killed me.
Like the colossal MORON that I am, I put my son's biological father on the Mexican birth certificate and then, on the Certificate of Report of Birth Abroad. I am one of those idiots that thinks lying will come back to haunt you, and I get really embarrassed if I lie and get caught, so I TOLD THE STUPID TRUTH! And, now that is what I regret...
We're now in Alabama, and I am no longer with the biological father, but back with my husband. Since we never divorced, the child was born to our marriage, and I believe my husband would have to contest paternity to get a dna test done. And he wouldn't do that, he knows the child isn't his, but loves him and dotes on this child more than he did our own boys, who are now almost grown. The ex, who has just gotten out of prison on parole for four very violent felonies, (he plead the other 23 down to four) is actually trying to say he wants access to my son. THAT WILL NOT HAPPEN!
I'm not sure how it works, exactly, but I did a bit of legal secretarial work a while back and I was thinking that a third party cannot approach a married couple and claim paternity and have a dna test ordered..since the State of Alabama will not illegitimize a child to re-legitimize them later. Not even if the couple is divorcing. I believe the legal father has to request it, or the mother.
Does anybody know if this is correct or not?
I am thinking that it may be between my husband and I to decide custody between us if we were to decide to divorce. But, I need guidance, and I need it before I actually retain an attorney. We're not looking to divorce, but to protect the child from my ex. We'll stay married forever for that reason alone. But, we need to take some steps to ensure that he is safe from this creep for all time. Whatever that ends up being.
Any help or advice will be greatly appreciated