Legal Question in Family Law in Alabama
Child Custody of Non-biological child
Hello. I have a son who is 8yrs old and on his birth certificate the man whom I was dating at the time had signed it. He is not biologically the father of the child and knows this as I was pregnant before he and I began dating. However, now that we are going through a divorce I am wondering is it possible for him to gain custody of my son since he is on the birth certificate? We are going to be going to court on Monday and I have no lawyer (unable to attain one) and was wondering this information before I travel back to Alabama for court as he has a lawyer and has already stated to the lawyer that he is not the father, which he says is the reason he didn't stop me from coming to get my son. Thank you for your help.
1 Answer from Attorneys
Re: Child Custody of Non-biological child
If you were married to him when you gave birth to the child, he is the legal father. Only by paternity tests can he be shown not to be the legal father. You would have to challenge this and bring in the biological father as a third party to the divorce action. If you were not married, he has no legal rights but you will still have to bring in the biological father as the third party for child support.
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