Do you believe you fathered a child and are looking for more access and rights to them?
Are you someone who is being claimed as the father of a child you don’t believe to be yours?
Are you a single mother with no support, looking to hold the biological father accountable for financial and possibly even emotional support in your child’s life?
No matter what your situation is, establishing paternity in Alabama is an essential step in securing parental rights and responsibilities, and establishing the support a child deserves from both of their parents. In Alabama, paternity can be established in a few different ways, including voluntary acknowledgment, or court ordered paternity.
If you’ve found yourself in one of these situations, it’s likely you have no time to waste – let’s dive in!
When Paternity Is Presumed In Alabama
In Alabama, there are situations where a man is presumed to be a child’s father, including:
- when he and the mother of the child are married and the child is born during the marriage
- when he and the mother of the child were married and the child is born within 300 days after the marriage ends because of death, annulment, declaration of invalidity, or divorce
- before the birth of a child born to parents who married as a result of compliance with the law, even if that marriage was later deemed invalid and the child is born during or within 300 days after its termination caused by death, annulment, declaration of invalidity, or divorce
- after the child is born, the man and the child’s mother have married, or attempted to marry in apparent compliance with the law although the attempted marriage is or could be declared invalid and he has:
-acknowledged his paternity of the child in writing (and filed the writing with the appropriate Alabama court);or
-with his consent, he is named as the child’s father on the child’s birth certificate; or
-he is otherwise obligated to support the child either under a written voluntary promise or by court order
- while the child is under the age of majority (19) he welcomes and raises the child as his natural child and establishes a significant parental relationship by supporting the child emotionally and financially
- he legitimated the child in accordance with Chapter 11 of Title 26 (legitimation of children)
Voluntary Acknowledgment of Paternity
AL Code § 26-17-301 (2022) – The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man’s paternity.
The first way to establish paternity involves a mother and father signing a Voluntary Acknowledgement of Paternity which identifies who the child’s legal father is. Once it is signed and filed, the father’s name can be added to the child’s birth certificate. It is perhaps the simplest and easiest way to establish paternity, should both parents agree on who the legal father is.
What Happens If Two Parents Don’t Agree On Paternity?
If two parents aren’t in agreement on who the legal father is, whether a man believes he is or is not the legal father, both parties will need to go to court in order to establish paternity. In Alabama, the following parties are allowed to start a paternity action:
- the child’s mother
- the putative father (the man who believes he is the father or who has been identified as the father)
- the Alabama Department of Human Resources
- an authorized adoption agency
- a licensed child-placing agency
- a legal representative for a person who has the right to go to court to establish paternity but is deceased, incapacitated or a minor,
- and any “interested person,” which is someone who has a direct interest in the outcome but does not fit into the other categories.
Once one of these parties begins the paternity action by filing this petition, the respondent is served with a copy of the petition, as well as a summons that informs them of their duty to respond to the allegations made by the petition.
Court Order For Paternity Establishment
In order for the court to establish paternity, they will order a genetic test for the mother, father, and child.
Genetic testing will be performed by a laboratory accredited by the American Association of Blood Banks, American Society for Histocompatibility and Immunogenetics, their successors, or an accreditation body designated by the U.S. Secretary of Health and Human Services. If a petition is filed and genetic testing is completed and it’s determined that a man is or isn’t the father of a child and that result contradicts the child’s original birth certificate, a new one will be created to reflect the updated results.
When paternity matters are heard in court, a judge also has to make orders for child support, medical support, wage assignment, custody, visitation, and more. This can be beneficial to a single mother who is lacking the support her child is legally entitled to.
Legal Rights and Obligations After Paternity is Established
When a man is proven to be the father of a child, they will have the right to visit and help raise the child. They will also be responsible for providing for their child’s financial, emotional and physical needs. For those who have dreamed of officially becoming the father of their child, this is an honor and a joy. For someone who didn’t expect to be a father or is uncertain about paternity, this is a significant adjustment to make.
No matter which category you fall under, whether you’ve been ready for fatherhood all your life, or you’ve found yourself in an unexpected situation, it may be in your best interest to enlist the help of a paternity lawyer who can provide you with legal guidance and support during this time.
How Word Family Law Group Can Help You
If you and a partner who is not legally your spouse had a child together, we can assist you in establishing paternity as the legal father of your child. We will also explain your parental rights and responsibilities so that you understand the authority you have when it comes to making important decisions on your child’s behalf.
Our paternity attorney Christopher P. Word can guide you through the steps of establishing or disestablishing paternity so that you can reach your ideal resolution as quickly and efficiently as possible. Call Word Family Law Group today to request a consultation and discover your options and next steps.
