birth father rights is violated

[cm4blynumb]

What is the name of your state (only U.S. law)? Alabama

a 16 year old girl becomes pregnant and the baby was born the first part of this year. she had 4 known boys that were sexually active with her. my son just happened to be one of them. both of them confirmed that they were only together one time. two of the other boys were sexually active with her for about a year up to and a little after conception. the girl's step-brother and wife wants to adopt the child. the two that were sexually active with her had to get a court order for DNA testing and they both insisted they were the father. after the baby was born and about 2 to 3 weeks later we find out that they were not the father. my son stepped up and we met with the girl and her family to ask for a DNA test to see if my son was the father. the test came back positive and we found out that the step-brother had already started the adoption process. we stopped it immediately and got legal council. the problem is that my son did not sign the putative father registry because he did not think he was the father until the other tests came back. this is a unique situation and i can not find any case in alabama that is similiar. my son has got to spend about 6 or 7 evenings with his son until we stopped the adoption process. now we are not permitted any contact with him because the step-brother has a court order temp custody and he has denied us any visitation. we have a pretrial tomorrow and the judge could throw this out because of the registry not being signed by my son. any advice or help would be greatly appreciated.

My son was a minor at the time the baby was born and he was not appointed a guardian ad litem by the court

 

[Ohiogal]

Your son does not need a guardian ad litem. This is NOT about him. It is about the baby. He needs an attorney to fight for him.

 

[CourtClerk]

There was a frightfully similiar case to this one in the Pacific Northwest (Washington or Seattle, I believe), and the child was allowed to be adopted. Last I heard, the case was on appeal.

 

[cm4blynumb]

Your son does not need a guardian ad litem. This is NOT about him. It is about the baby. He needs an attorney to fight for him.

i agree, it is about the baby. the alabama laws state that if the parent is a minor then he must be pointed a guardian ad litem in the process of adoption. the problem is that my son did not know he was father until the other boys were ruled out by DNA testing. by the time he figured out that he could be the father, the 30 day deadline had past on signing the putative father registry. my son wants his son and we have a lawyer fighting for him but the judge could go against him because he didn't sign the registry in the time frame. i was hoping that we could find some way of getting around this.

 

[wnbama]

Alabama putative father registry

Here is some reading for you:

Lee’s Divorce & Family Law Blog Alabama Paternity - It’s the Registry, Stupid <-Blog on a case like yours.


Alabama Statute | Act Alabama | Alabama Code | US Code - US Statute.

ALABAMA

TITLE : TITLE 26 INFANTS AND INCOMPETENTS.

CHAPTER : CHAPTER 10C PUTATIVE FATHER REGISTRY.




Section 26-10C-1

Registration of putative fathers; notice of intent to claim paternity; release of information.

Detail: : Section 26-10C-1

Section 26-10C-1
Registration of putative fathers; notice of intent to claim paternity; release of information.
(a) The Department of Human Resources shall establish a putative father registry which shall record the names, Social Security number, date of birth, and addresses of the following:

(1) Any person adjudicated by a court of this state to be the father of a child born out of wedlock.

(2) Any person who has filed with the registry before or after the birth of a child born out of wedlock, a notice of intent to claim paternity of the child, which includes the information required in subsection (c) below.

(3) Any person adjudicated by a court of another state or territory of the United States to be the father of a child born out of wedlock, where a certified copy of the court order has been filed with the registry by the person or any other person.

(4) Any person who has filed with the registry an instrument acknowledging paternity pursuant to Sections 26-11-1 to 26-11-3, inclusive.

(b) The clerk of the court which determines a man to be the father of a child born out of wedlock shall immediately notify the Department of Human Resources of the determination of paternity and include therein the information required under subsection (c) below.

(c) A person filing a notice of intent to claim paternity of a child or an acknowledgment of paternity shall include all of the following:

(1) The father's name, Social Security number, date of birth, and current address.

(2) The mother's name, including all other names known to the putative father that have been used by the mother, Social Security number, date of birth, and address, if known.

(3) The father's current income and financial information by attaching a child support obligation income statement/affidavit form to be prescribed by regulations of the department.

(4) The child's name and place of birth, if known.

(5) The possible date or dates of sexual intercourse.

The person filing shall notify the registry of any change of address pursuant to the procedures prescribed by regulation of the department. The registration must be on a form prescribed by the department and signed by the putative father and notarized.

The putative father may file his notice of intent to claim paternity prior to the birth of the child.

(d) A person who has filed a notice of intent to claim paternity may at any time revoke a notice of intent to claim paternity previously filed and, upon receipt of the notification by the registry, the revoked notice of intent to claim paternity shall be deemed a nullity nunc pro tunc.

(e) An unrevoked notice of intent to claim paternity of a child may be introduced in evidence by any party, other than the person who filed the notice, in any proceeding in which the fact may be relevant.

(f) The Department of Human Resources shall, upon request, provide the names and addresses of persons listed with the registry to any court. The information shall not be divulged to any other person except upon order of a court for good cause shown. The Department of Human Resources shall further after receiving notice pursuant to Section 26-10A-17 of the pendency of any adoption proceeding wherein the proposed adoptee is a child born within 300 days of the date or dates of sexual intercourse listed in the registry and to the same biological mother listed in the registry, immediately send a copy of the notice of intent to claim paternity to the court handling the adoption. When the court handling the adoption receives said notice of the intent to claim paternity, that court shall forthwith give notice of the pendency of the adoption proceeding to the putative father listed in such notice of intent to claim paternity and at the address therein listed, and additionally notify the biological mother that the putative father has registered in conformity with the putative father registry.

(g) The Department of Human Resources shall create a form titled 'Notice of Intent to Claim Paternity' to be used when a person files notice of intent to claim paternity, and which shall include the information required under subsection (c), the name of the mother who has given birth or may give birth to a child born out of wedlock, and the possible date or dates of sexual intercourse.

(h) The registry, except as provided by subsection (f), shall be kept confidential and not open for public inspection.

(i) Any person who claims to be the natural father of a child and fails to file his notice of intent to claim paternity pursuant to subsection (a) prior to or within 30 days of the birth of a child born out of wedlock, shall be deemed to have given an irrevocable implied consent in any adoption proceeding.

This subsection shall be the exclusive procedure available for any person who claims to be the natural father of a child born out of wedlock on or after January 1, 1997, to entitle that person to notice of and the opportunity to contest any adoption proceeding filed and pending on or after January 1, 1997.

(j)(1) A person who knowingly or intentionally registers false information under this section commits a Class A misdemeanor.

(2) A person who knowingly or intentionally releases confidential information in violation of this section commits a Class A misdemeanor. However, it is a defense under this subsection if the Department of Human Resources releases confidential information while acting:

a. In good faith.

b. With reasonable diligence.



(Acts 1996, No. 96-537, p. 751, §1; Act 2002-417, p. 1061, §1.)

*****************************************************************



Section 26-10C-2

Effect of chapter on preexisting rights, obligations, etc.

Detail: : Section 26-10C-2

Section 26-10C-2
Effect of chapter on preexisting rights, obligations, etc.
This chapter shall not be construed to alter, impair, defeat, or restore any rights, obligations, duties, or interest accrued, incurred, conferred, or terminated prior to January 1, 1997.



(Acts 1996, No. 96-537, p. 751, §2.)

 

[cm4blynumb]

Your son does not need a guardian ad litem. This is NOT about him. It is about the baby. He needs an attorney to fight for him.

It this statement here that we are trying to get around:

i) Any person who claims to be the natural father of a child and fails to file his notice of intent to claim paternity pursuant to subsection (a) prior to or within 30 days of the birth of a child born out of wedlock, shall be deemed to have given an irrevocable implied consent in any adoption proceeding.

he had no idea he was the father because two other males insisted they were the father. it was not until the DNA tests came back that he even thought he could be the father. He was a minor at the time of birth. we had a DNA test done about 45 days after birth to determine he was the father and then preceded to stop the adoption. since he failed to sign the registry, we are told that he has already given up his rights. how can you sign the registry if 1) you don't know about it and 2) you didn't even think you were the father

 

[candg918]

Grandma, This is not legal advice but given out of concern for the THREE children involved in the situation. You and your son really should consider whether adoption might be the best choice for the infant as well as the two child-parents. It appears that the adoption will be open so spend your efforts so that you will have contact with the child and his adoptive parents in the future.

 

[TheGeekess]

1. Your son knew he had sex with this girl.
2. Your son knew this girl got pregnant.
3. Your son had the opportunity to file putative father before the birth of this child.
4. Your son has waited until it is too late.

 

[cm4blynumb]

1. Your son knew he had sex with this girl.
2. Your son knew this girl got pregnant.
3. Your son had the opportunity to file putative father before the birth of this child.
4. Your son has waited it is too late.

yea in the eyes of the law you are right. even though the other two guys (who had long sexual relationship with her) said they were the fathers and she also claimed that one of them were the father. my son and the fourth guy should have sign the registry and they would have, if they knew it existed. but my son and the fourth guy was only a one night stand with her (not together).

i don't mean to throw all this out like it doesn't mean anything. i very concerned about the mother and plan to try to bring her into our home to help her. her family life is not a good one and i feel that is the reason for a lot of her actions. she is being taken advantage of by her step-brother and will be pushed aside when all this is over.

 

[TheGeekess]

yea in the eyes of the law you are right. even though the other two guys (who had long sexual relationship with her) said they were the fathers and she also claimed that one of them were the father. my son and the fourth guy should have sign the registry and they would have, if they knew it existed. but my son and the fourth guy was only a one night stand with her (not together).

i don't mean to throw all this out like it doesn't mean anything. i very concerned about the mother and plan to try to bring her into our home to help her. her family life is not a good one and i feel that is the reason for a lot of her actions. she is being taken advantage of by her step-brother and will be pushed aside when all this is over.

So this girl was having unprotected sex with four boys? I'd be taking my son to the county health clinic and make sure she didn't give him any other gifts. I'd also be having a serious talk to him about keeping his pants zipped up until he's old enough to be married. If he can't keep his pants zipped, he needs to be bringing his own condoms and using them.

This is not the last opportunity you'll have to become a grandmother. But seriously, tell your son he needs to wait until he's out of college and married. I don't want to have to pay for his welfare babies.

 

[onebreath]

Well, I am shocked by the law in this state. Yes, the real dad could have easily petitioned for paternity/custody back when the other guys did, but sorry, sometimes people just don't know when there are cases with tight loopholes...I must say, the law seems severe in this case. I hope the judge is open-minded and willing to consider leniency with the father in his request for custody.

I am not saying its the best thing and do not understand this law. With moms issues, presuming dad might win the case, I suspect the court would grant them BOTH legal custody...and then you've got one long haul to help...as another poster said....THREE children get it together. Since dad is fighting this tomorrow, consult with the attorney about the lack of the GAL being appt. I am so not an attorney, but I would be scrambling if dad and asking attorney if the case be postponed and that he be appt a GAL tomorrow and ask the courts to wait for some fact finding by that person to submit at a future court date.

If that possibly flies, then the GAL will be a major determinate in whether your son is ready to be a healthy, mature father at this time. Hopefully he shows up good in his life right now, mature, etc...in any way. It would not be the first time in history that a 16 year old boy was able to provide good parenting.

But it sounds like the law is against him...an uphill fight.

He should also consider having a serious conversation with the attorney about representation for if the adoption goes through, that he does not want all contact denied to him. I don't know what rights, if any he will have to request that...but at least its his best shot.

What a kicka** hard way for a person to learn that having sex just once, that the consequence is yes, he can make a baby...but not only that, that he can lose the baby.

And the last poster is so right on, if this were my body, with all this info., I would be getting tested for every possible disease possible that can be passed...that is not bad advice at all.

 

[cm4blynumb]

Well, I am shocked by the law in this state.

My son is 19 now, but he was 18 when the baby was born. he is very mature for his age and knows what he wants in life and has started working on that. yes, it is a very had lesson for him about pre-marital sex. he understands his mistake but he does not want to run away from it. he takes full responsibility for his actions and wants to do what is right.

yes, the law in this state is very harse for the birth father, especially if he fails to sign the registry in 30 days of birth. i understand that this law is also enforced in other states too.

everyone has been tested and safe. the weird thing is all these guys are best friends. they are all sticking together and trying to help. even the girl keeps in touch with my son and wants him to win the custody battle, but she doesn't want to hurt her step-brother. if he (step-brother) knew she was talking with my son, he would disown her.

this is a very sad situation.

the pre-trial was today. i think the judge wants to rule in our favor and has given us time to try to get the law ammended. the judge did not throw out the case based on the registry not being sign.

 

[TheGeekess]

Well, I am shocked by the law in this state.

My son is 19 now, but he was 18 when the baby was born. he is very mature for his age and knows what he wants in life and has started working on that. yes, it is a very had lesson for him about pre-marital sex. he understands his mistake but he does not want to run away from it. he takes full responsibility for his actions and wants to do what is right.

yes, the law in this state is very harse for the birth father, especially if he fails to sign the registry in 30 days of birth. i understand that this law is also enforced in other states too.

everyone has been tested and safe. the weird thing is all these guys are best friends. they are all sticking together and trying to help. even the girl keeps in touch with my son and wants him to win the custody battle, but she doesn't want to hurt her step-brother. if he (step-brother) knew she was talking with my son, he would disown her.

this is a very sad situation.

the pre-trial was today. i think the judge wants to rule in our favor and has given us time to try to get the law ammended. the judge did not throw out the case based on the registry not being sign.

What, the judge is going to wait until the do-nothing legislature in Alabama is back in session? (That would be April 2009, by the way.) And then, he's going to wait for Guv Riley to sign the bill into law? You might as well wait for the rewrite of the Alabama State Constitution first because that's going to happen when little devils go ice skating.

 

[Isis1]

the only way around this is...does the girl want to give up her baby for adoption? or is she being fully presssured? is she being told if she keeps the baby she won't have a home? what is really going to her once the baby is born and mom decides she wants to be a mom?

the truth is, there are nutjob parents that will kick their daughter out if the child embarrass them by bringing a baby in the house. say that happens. what are the child's choices now? can she call social services? be placed in a home temporarily? is this child fully educated on what to do IF she decides to keep the baby? maybe she doesn't know what her options are? does dad to be really want to be a dad?

yes, adoption is an option. but so is the choice of parenting. do i think it's fair that dad to be is out of luck that the deadline is 30 days? no i don't. that really sucks. but is he motivated enough to try to help mom by fully educating ALL of their options?

 

[wnbama]

What, the judge is going to wait until the do-nothing legislature in Alabama is back in session? (That would be April 2009, by the way.) And then, he's going to wait for Guv Riley to sign the bill into law? You might as well wait for the rewrite of the Alabama State Constitution first because that's going to happen when little devils go ice skating.

I co-sign this.....it is so true!!! Alabama change a law in a timely manner??? I don't think so, we are so behind the times on 99% of the law !