Legal Question in Family Law in Alabama
Family unit Intrusion
I found out that my wife had an affair and my child of less than 2 years old was not mine. The other party is threating to take us to court for partial custody. I don't feel it is right to take him to court, but don't want to do anything to loose my only child. All communication's have stopped with him and we are waiting to see what he will do. I would like very much to adopt my child or what ever I have to do to keep my child. the child was born under my name and is legally my child and has no idea of anything different. My wife and I have reconciled our marriage. We have been married for over 10 years and lost children due to birthing problems. He has children of his own and is still married to his wife. I need to know what I can do to keep my child. I don't see how subjecting my child to a intrusion of our family unit could be good. I love my child and believe that this is my child even if he had something to do with it's conception. Please tell me if there is a state that I may be protected in if I have no other choice. Thank You.
1 Answer from Attorneys
Re: Family unit Intrusion
First, unless you have had DNA testing done, you do not in fact know that this is not your child. If you love this child, then I recommend that you do not have DNA testing done, unless and until a Court orders it, or you decide to go after this quy.
Second, under Alabama law, a child born to married couple during the marriage, or conceived during the marriage is legally presumed to be the child of the husband until an appropriate Court has determined otherwise.
Third, if you are good parents, there is very little possibility that a Court will take this child away from you. You have the white hat so to speak in this situation. What has the this guy done for the child to date? If he takes you Court and wins, then three things will probably be ordered. 1. Baby's birth certificate will be changed to reflect the biological father (but possibly, not the child's name). 2. If this guy is otherwise ok, and it is in the child's best interests, then the Court will order some visitation. 3. Child support will be ordered from him to your wife, including up to two years back support.
My advice is to do one of two things: nothing and wait and see if he goes away; or go after him and sue him for paternity and back child support. If you file first, then you have taken the high ground.
While all this may be a very bitter pill for you to shallow, recent studies indicate, based upon DNA testing that a fairly high per centage of children in this country were not fathered by who we thought they were. It takes more than biology to make a father, it takes love, dedication, and scariface.
If we can be of assistance, please feel free to contact us.
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