If the non-custodian parent who has not had any rights to our son since 2022 until he takes a court ordered hair follicle drug test claim our son an I not know until now?

We are still married but have been separated since 2022 and he lost his rights after he placed a gun to my head in front of our 5 year old son. I think he has claimed our son since 2022 and I am just realizing it. I have had my son for 365 days for 7 years.