Across the United States each year, a large percentage of children are born to unmarried parents. State law requires the father to support the child financially, but sometimes the father is hesitant to officially acknowledge paternity of the child. This Paternity Laws and Procedures Handbook provides state-specific paternity resources for establishing paternity, and discusses the relevant law and procedures in a general, and easily understood manner. A law summary of the paternity laws in your state is provided. Voluntary paternity establishment and paternity establishment through court action are discussed, as is the genetic testing that the court may order to confirm paternity in doubtful cases. Reading this Handbook will allow you to go forward in the paternity establishment process with the confidence of knowing what to expect at each turn, and provide you with the points of contact in your state for the people and resources that can help you and your child succeed.
Alabama Paternity Law and Procedure Handbook
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Alabama Paternity Order FAQ
The bill now defines an unfit parent as one who "fails to properly care for his or her child and maintain the emotional health and overall well-being of the child in such a manner the failure will seriously harm the child."
In Alabama, the simplest way to establish paternity is voluntarily, with both the mother and father signing a form that acknowledges paternity by identifying the child's legal father. Once parents have filled out this form and it has been properly filed, the father's name can be added to the child's birth certificate.
If you get married after the child is born, it can establish paternity retroactively. This is not an automatic process, and it is in you and your child's best interest to work with a family lawyer to establish paternity in this way. Both parents can sign an Affidavit of Paternity, which establishes paternity.
A father's right to custody is recognized by courts in Alabama. The court will usually view time spent with both parents as being in the best interest of a child. The visitation schedule that a court imposes will be designed to provide a father with adequate time to form a meaningful familial bond with a child.
Birth certificate. If a birth certificate declares the father and he signs it, this is a legally binding qualification of paternity. DNA test. Court order.
Can a child choose not to visit a parent? The mere age of your child will not determine your family law matter. There have been cases before the Court where a 17 year old child's wishes were given limited weight because the basis for this child's decision was not balanced.
Get on the birth certificate. Once your child is born, the easiest way to establish paternity is by getting your name on the birth certificate. Get an order through an administrative agency. Get a court order.
§ 19-9-3, (5)-(6), in all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live.
When Is Paternity Automatically Established? Alabama has codified a presumption of paternity where a father is married to the mother of the child, and the child is born either during the marriage or within 300 days after parties get a divorce.