Needs Advise about an ex and my son...help.

[motherofawesome]

Ok so, my ex-fiancee whom I left in March-April of 2009, has contacted me. At first he was telling me that he had no intention of taking my son away from me and that all he wanted to do was see his son and help take care of him. My son was born in 2009 and prior to his birth I left my ex, met someone new, and got married. My husbands name is the name listed under father on my sons birth certificate. Biologically our son is not my husbands. Now back to the point at hand, my ex contacted me today saying that my biological mother was calling him saying I send her a threatning letter that I never sent. He also is a registered sex offender and when I moved from Connecticut to Alabama in March of 2009 he was arrested because of "a failure to register as a sex offender under Alabama state law prior to moving into the state and getting an approved place of residency by the sheriff of that county, which classifies as a class D felony." There are also articles listed online about him impersonating a police officer, and other things. He has told me that he has been involved in money laundering and has taken part in racketeering. He lies and steals money from others, of this I have evidence. At the time I had had relations with him, I did not know that he was a registered sex offender in the state of Connecticut. When a friend of mine told me she looked him up online and found out that he was he told me that it was a misunderstanding and that he was no longer a registered sex offender. All of which I found out later to be untrue when he and I moved to Alabama. Now, as I have stated before he contacted me stating that all he wanted was to see his son and help take care of him wheather I wanted to have a relationship with him or not which I do not. That is, this is what he stated until today. He contacted me today through his job at SafeGuard home alarms, and said that my biological mother, whom I was taken from when I was almost five, contacted him saying I sent a threatning e-mail about him and that if he could trace it back to me then all negotiations would be off and he would "take me to court and drag my ass through the mud. As case of which I would supposedly lose." Now, ontop of everything else, my son is 18 months old, this entire time my ex-had been in prison for the above stated offense and he willingly told me that he did aditional time for stabbing someone when they mentioned something about me. Also, he has not so much as tried to call me, send money to help support his son, or try to spend time with him due to the fact that he has been locked up. He has also willingly stated that he has taped my grandmother in laws phone and can see and hear anything that I say and/or do while I am on the computer or phone. Which I know is a violation of my constitutional rights. Plus, I am not the only person who uses the computer. The computer stands in a general area and is used by five other people not including myself. I guess, in the long run I need to know what I can do to prove that giving custody to my ex would not be in the best interests of my son. Also my son, has been taken care of mainly by myself and my husband but also by six others whom I trust with my life as does my husband at least in the physical aspect, Financially my son is taken care of by again mainly myself and my husband but also by nine others whom will all testify on my behalf that myself and my husband are better suited to provide a stable living enviornment, healthy food practiced, our son is currently up to date on his shots he goes to the doctor regularly, and he is extremely loved and cherished. What can I do?

P.S. I also want to state that when he originally contacted me and my husband he was asked by my mother in law to stop calling and he did for about a week. Now he calls from cell phones of people he meets or from his work and I need to know what I can do to get this to stop. I feel he is a danger to myself and my son.

 

[BayState]

Ok so, my ex-fiancee whom I left in March-April of 2009, has contacted me. At first he was telling me that he had no intention of taking my son away from me and that all he wanted to do was see his son and help take care of him. My son was born in 2009 and prior to his birth I left my ex, met someone new, and got married. My husbands name is the name listed under father on my sons birth certificate. Biologically our son is not my husbands. Now back to the point at hand, my ex contacted me today saying that my biological mother was calling him saying I send her a threatning letter that I never sent. He also is a registered sex offender and when I moved from Connecticut to Alabama in March of 2009 he was arrested because of "a failure to register as a sex offender under Alabama state law prior to moving into the state and getting an approved place of residency by the sheriff of that county, which classifies as a class D felony." There are also articles listed online about him impersonating a police officer, and other things. He has told me that he has been involved in money laundering and has taken part in racketeering. He lies and steals money from others, of this I have evidence. At the time I had had relations with him, I did not know that he was a registered sex offender in the state of Connecticut. When a friend of mine told me she looked him up online and found out that he was he told me that it was a misunderstanding and that he was no longer a registered sex offender. All of which I found out later to be untrue when he and I moved to Alabama. Now, as I have stated before he contacted me stating that all he wanted was to see his son and help take care of him wheather I wanted to have a relationship with him or not which I do not. That is, this is what he stated until today. He contacted me today through his job at SafeGuard home alarms, and said that my biological mother, whom I was taken from when I was almost five, contacted him saying I sent a threatning e-mail about him and that if he could trace it back to me then all negotiations would be off and he would "take me to court and drag my ass through the mud. As case of which I would supposedly lose." Now, ontop of everything else, my son is 18 months old, this entire time my ex-had been in prison for the above stated offense and he willingly told me that he did aditional time for stabbing someone when they mentioned something about me. Also, he has not so much as tried to call me, send money to help support his son, or try to spend time with him due to the fact that he has been locked up. He has also willingly stated that he has taped my grandmother in laws phone and can see and hear anything that I say and/or do while I am on the computer or phone. Which I know is a violation of my constitutional rights. Plus, I am not the only person who uses the computer. The computer stands in a general area and is used by five other people not including myself. I guess, in the long run I need to know what I can do to prove that giving custody to my ex would not be in the best interests of my son. Also my son, has been taken care of mainly by myself and my husband but also by six others whom I trust with my life as does my husband at least in the physical aspect, Financially my son is taken care of by again mainly myself and my husband but also by nine others whom will all testify on my behalf that myself and my husband are better suited to provide a stable living enviornment, healthy food practiced, our son is currently up to date on his shots he goes to the doctor regularly, and he is extremely loved and cherished. What can I do?

P.S. I also want to state that when he originally contacted me and my husband he was asked by my mother in law to stop calling and he did for about a week. Now he calls from cell phones of people he meets or from his work and I need to know what I can do to get this to stop. I feel he is a danger to myself and my son.

So you and Hubby committed Paternity Fraud? Why?

 

[motherofawesome]

I asked the hospital my son was born at what to do and they advised me to do so...I didn't know until later what I was actually doing which made me feel as if the person who gave me that advise didn't know what they were talking about. its a long story that I can get into if you need further details

 

[army judge]

If I were you, I'd cease all contacts with that convicted sexual pervert.

I'd also change my telephone number annever give it out to anyone.

As far as the putative father's name, you'd have been better off saying you didn't know.

If you continue telling the story as you did above, it'll make BIG trouble for the two of you.

Bay State wasn't bring mean.
Bay was asking you what a lawyer or a judge might ask you one day.

You need a lawyer.
You have a ticking time bomb on which you're building your future.
You need to defuse it.

It wouldn't be a crime to name Jimbo as the daddy, rather than Luther, if you believed Jimbo was the daddy.

But, naming Jimbo as the daddy, while believing Luther was the daddy just to thwart or spite Luther; now that could be a crime!

That is one of the things Bay meant by the question.

The other is that a court doesn't like it when you seek justice with dirty hands.

Your hands could be considered very dirty, if you committed an act of fraud.

 

[MorgansDaddy]

Correct me if I'm wrong, but, if she was married to her current husband when the child was born, he automatically is the legal father. Also, a name on a birth certificate doesn't mean a lot because that doesn't actually establish paternity. (Although, you should keep it to yourself that you knew he wasn't the father when he signed the BC.)

See: http://www.child-support-collections.com/paternity-faq.html#2

3. How do I get listed as the father on my baby's birth certificate?

If you were married to the mother when the child was born, you are automatically entered on the birth certificate as the father. If you were not married to the mother when the child was born, there are two ways to have your name added to the birth certificate:

By voluntarily signing an "Acknowledgment of Paternity" form; or
By a court order.

 

[Proserpina]

MD, in OP's state being on the birth certificate does establish paternity (given the requirements of how you get on there to start with).

It's moot though - this really doesn't fall under the heading of paternity fraud. You're correct - OP's husband is the child's legal father, and OP wouldn't have had a choice in the matter (it would have been "List no father, or list your husband who is the child's presumed father").

OP's ex is currently a legal stranger, and would have to file in court to disestablish her husband's paternity first before establishing his own. Given that there is an intact marriage, he may actually be prevented from doing that no matter what biology attests to.

(I haven't checked OP's state specifically - I'm just aware that an intact marriage in some states can bar a challenge to legal paternity).

I'd also state that I believe it is HIGHLY unlikely that this nutter - and yes, his behavior is frankly alarming - has access to everything OP is doing online.

 

[army judge]

MD, I can't correct, because you aren't wrong!

http://paternity.uslegal.com/paternity-laws/alabama-paternity-law/

Alabama has a rather checkered history insofar as paternity is concerned.

In contemporary law the legal determination of paternity generally rests on the results of blood and genetic testing. However, there are times when it can be proved that it was impossible for a husband to be the father of his wife's child because the husband was absent during the period when conception occurred.

In an unusual reversal of modern law on paternity, the Alabama Supreme Court, in Tierce v. Ellis, 624 So. 2d 553 (1993), found that Dennis Tierce was the legitimate son of William Tierce, even though William was serving overseas in the armed forces during World War II when Dennis was conceived.

William Tierce returned from the war to Alabama in December 1945 to discover that his wife Irene was six months pregnant. He immediately filed for Divorce on the ground of Adultery. The divorce was granted in February 1946. On April 4, 1946, Dennis Tierce was born. William Tierce was erroneously listed as the father on the birth certificate, but Tierce never knew of this mistake. He remarried and had five children, including his daughter, Sheila Ellis.

William Tierce died in 1972. When the executors of his estate filed a list of heirs in 1989, they listed Dennis as William's son. Sheila Ellis filed suit, challenging the paternity of Dennis and his status as an heir. The trial court ruled that it was impossible for Dennis to be the biological son of William.

The Alabama Supreme Court reversed, basing its decision on two grounds. First, under the Alabama Uniform Parentage Act (Ala. Code §§ 26-17-1 et seq. [1992 and Supp. 1994]), a husband is presumed to be the father of a child born within three hundred days of a divorce. Dennis was born sixty days after his parents' divorce. Second, the court invoked the Common Law rule of repose, which requires a prompt disposition of a legal dispute. The court concluded that because William Tierce did not seek a paternity judgment during his divorce proceedings in 1946, his daughter could not now attempt to rebut the marital paternity presumption. Therefore, Dennis Tierce, the impossible heir, could claim a share of the estate of a person he never knew and to whom he was not related.

In 1973 the Commissioners on Uniform Laws proposed the Uniform Parentage Act (UPA), which sought to establish a consistent rule on adjudicating paternity disputes. The UPA, which has been adopted by 18 states, continued to use the marital paternity presumption. In addition, it presumes a mother's husband to be the natural father of a child if the child is born during the marriage or within 300 days after the marriage is terminated. The UPA does state, however, that a presumption of paternity may be rebutted by clear and convincing evidence.

Modern science has made the adjudication of paternity issues easier. Modern blood and genetic testing can accurately determine paternity. Human leukocyte antigen tissue typing can provide up to a 98 percent probability that a certain man is the father of a particular child. The use of DNA testing provides near-positive paternity identification. Many states that have adopted the UPA have created a presumption of paternity based solely on genetic testing. Some courts have questioned the need for the marital presumption at all because of the certainty produced by testing.

http://legal-dictionary.thefreedictionary.com/_/dict.aspx?word=paternity

Correct me if I'm wrong, but, if she was married to her current husband when the child was born, he automatically is the legal father. Also, a name on a birth certificate doesn't mean a lot because that doesn't actually establish paternity. (Although, you should keep it to yourself that you knew he wasn't the father when he signed the BC.)

See: http://www.child-support-collections.com/paternity-faq.html#2