My ex husband lives in AL and I in GA.. He has custody of my 2 children and I have them every other weekend. He is not the biological father of my 6 year old daughter and he knows this already... Even if his name is on the birth certificate, can I take my daughter from him and not risk the courts sperating her from her 3 year old brother.. My ex is the father of my son, but I want custody of my children and not risk having them sepatated... I want my ex to still see both of them but I want custody of them... How could I achieve such a goal?:confused:

How did he get custody in the first place? You could ask the courts for a paternity test, but since you know he isn't the dad, that may not play out in your favor. Most courts do not like to separate siblings but sometimes they will. I suggest you contact a lawyer, as you will need one anyway. What were the circumstances of your break up? Who left the home? How long has he had custody? All of those issues will be relevant.

A lot of the issue will be why he has custody in the first place, if you were deemed unfit then getting custody will be an issue.

It is very possible in GA and AL ( but not all states) if he is not the biological father you can sue for custody and demand a DNA test. But in some states if he is listed as father for a number of years on the birth certificate, it can not be contested so in some states it would not be possible.

So I guess why don't you already have custody ? But to get custody you will have to file in court for custody, first of the child that is not his, and prove it is not his by a DNA test. But the other child does not come automatically, you will have to prove you would be the better parent for the child to live with so it is very, very possible that you can get the girl, but not the son. But yes a lot of questions left unanaswered

I am sorry that this is happening to you. Post the answers to these other questions and then I can give you more advice... but I am in VA and things are different here but I will try to help all I can. My fiance's mom went though a lot of this :(
Kristen