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John Domestic
John Domestic, Lawyer
Category: Family Law
Satisfied Customers: 4631
Experience:  Over 13 years of Experience in Family Law.
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my son has a daughter that is about to turn 11 in March he

Customer Question

my son has a daughter that is about to turn 11 in March he is not on the birth certificate and when she was born the guy her mother was married to was listed as the father for over 3 to 4 yrs. he has asked the mother of the child several times to get it changed, and she goes off on him she says why you don't beleive she is yours and all this. well since she has been living with her morther,a different step father and her grandmother two brothers, her aunt and cousin in a 3 bedroom house where she shares a room with her 2 brothers and cousin so the grown ups can have a room to themselves,as well as the several other cousins 3 others at one point 1 male 17 at the time and another male 15 about to be 16 and another male 14 going on 15 she was molested along with 2 of her girl cousins for approx 6 months before the grown ups found out. she also had another cuosin who was staying there for a while while she was small and was cleaning his handgun and it went off and went the the wall in her room where she was sleeping and almost hit her her step father is selling drugs per her own mother telling me so. she has decided now she wants to take him to court for back child support, and what have you which he said he wouldn't mind paying but he has given her money several times as well as me and my husband and they also call us telling us what she needs and we make sure she gets it. his concern is he wants custody since she is taking him to court he feels she will then have to submit to a dna test which she has denied him until now he lives in florida and she is here in alabama,with his daughter and her 2 sons by her second marriage. she called him last year cause the man she is married to now would not provide money for their sons birthday and she told my son and he sent her $200.00 for them. does he have any chance at custody. also after it came out about the molestation which she only called me on not my son I had to call him her mother the grandmother they live with took my grandchild and her two cousins that were molested with her over to the grandmothers house who molested them where he was staying at that time and the 2 grandmothers tied him to a chair and gave the girls a baseball bat to hit him with which to me totally shocked me when i found out even the grand mother told me about it. my question is does he have a chance at custody he has held the same job for 5 years has a 3 bedroom house one bedroom is dedicated to his daughter and she has always said she wants to live with her daddy, plus she just told me this past week the her mother punches her. any suggestions you have would be greatly appreciated
Submitted: 5 years ago.
Category: Family Law
Expert:  John Domestic replied 5 years ago.
Thank you for trusting Just Answer. I will answer as clearly as possible. I do ask for you Accept my answer so I am paid when we are done.

He must start with a petition for paternity. He has no Legal options for custody until he can be legally recognized as the father. At the moment the legal father is the man that she was married to at birth.

Here is the Alabama form Petition that he will have to file to have the court legally determine paternity.

Once paternity is established. Custody between the two parents will be reviewed by the court as what is in the daughter's best interest. He will have to show her current situation would be better with him. I will warn you that the court will be very reluctant to allow him to take her out of Alabama to live in Florida.
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Customer: replied 5 years ago.
now the mother did have the one she was married to at the time not declared as the father when she was 3 or 4 and had his name removed and my son did stand up in court and say he is the father but they never went any further with it, the mother did contact him to show up in a few months to sign an affadavitt declaring him as the father , wont they require a dna test
Expert:  John Domestic replied 5 years ago.
If he consents to being the father they will not require a DNA test. If he petitions normally then they will require a DNA test unless both he and the mother waive the test.

Even with all the past paternity issues, it does not sound like there has been a formal declaration that he is the father by the court. He still needs to file the petition for paternity with the court that I linked above.