Q: Can I file for emergency custody if bio dad has filed for custody and to be legitimized in different state
He's refusing to give her back. He's not her legal father, my husband is. I live in AL, bio dad is in GA, she's a resident of AL. His petition for custody is based on custodial interference which is a felony. I have 30days to respond to the petition he entered. He has not been granted temporary custody. I want her to come back home NOW
A: Has custody ever been determined in any Alabama action? If you and your husband were married to one another when she was born, and your husband raised the child as his, then he cannot get custody under a case called ex parte Presse. HOwever, your facts are probably a little different because you have apparently been exercising visitation with the biological father, whom you now wish to cut out. You need to get a lawyer and get some help with this. This is a complicated multi-jurisdictional issue and you don't want to do this alone.
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