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presumed father's rights

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LdiJ

Senior Member
The mother listed him as the dad when the child was born and his name is on the birth certificate as her father. They were at the time living together as husband and wife even though they were legally divorced.
In order for your husband to be listed on the BC, its almost guaranteed that he signed the affidavit of paternity.

Therefore, your husband is the child's legal father, and could sue for custody/visitation and should do so if that is what he wants.

Now, its possible that mom could challenge his paternity, but he has a fighting chance of remaining legal dad, even if mom does that.

However, if he remains legal dad, and mom retains custody, he could be on the hook for some child support.

Also, since it appears that there is some possibility that sexual abuse is going on, and mom refuses to have the child checked out because she doesn't want anyone pointing any fingers at her boyfriend, your husband is really in the best position to possibly help the child.
 


TheGeekess

Keeper of the Kraken
Also, since it appears that there is some possibility that sexual abuse is going on, and mom refuses to have the child checked out because she doesn't want anyone pointing any fingers at her boyfriend, your husband is really in the best position to possibly help the child.
Call DHR and tell them that there is suspected sexual abuse. They'll handle it.
 

TheGeekess

Keeper of the Kraken
Presumption of paternity; rebuttal.

Section 26-17-5
Presumption of paternity; rebuttal.
(a) A man is presumed to be the natural father of a child if any of the following apply:

(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court.

(2) Before the child's birth he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and

a. If the attempted marriage may be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after the termination of the attempted marriage by death, annulment, declaration of invalidity, or divorce; or

b. If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.

(3) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with the law although the attempted marriage is or could be declared invalid, and

a. He has acknowledged his paternity of the child in writing, the writing being filed with the appropriate court or the Office of Vital Statistics; or

b. With his consent, he is named as the child's father on the child's birth certificate; or


c. He is otherwise obligated to support the child either under a written voluntary promise or by court order.

(4) While the child is under the age of majority, he receives the child into his home or otherwise openly holds out the child as his natural child.

(5) He acknowledges his paternity of the child in a writing filed in accordance with provisions of the legitimation statute.

(6) He and the child's mother have executed an affidavit of paternity in accordance with the provisions of this chapter.

(b) A presumption of paternity under this section may be rebutted in an appropriate action only by clear and convincing evidence. In the event two or more conflicting presumptions arise, that which is founded upon the weightier considerations of public policy and logic, as evidenced by the facts, shall control. The presumption of paternity is rebutted by a court decree establishing paternity of the child by another man.

(Acts 1984, No. 84-244, p. 375, §5; Acts 1994, No. 94-705, p. 1362, §1.)
 

Isis1

Senior Member
so husband signs the POP, AOP. gets on the certificate.

he files for custody, support and visitation. it's granted.

when the other two men find out and then decide for whatever reason to claim visitation, do they have a fighting chance? that's how i understood 6b. a DNA test being the clear and convincing evidence
 

TheGeekess

Keeper of the Kraken
so husband signs the POP, AOP. gets on the certificate.

he files for custody, support and visitation. it's granted.

when the other two men find out and then decide for whatever reason to claim visitation, do they have a fighting chance? that's how i understood 6b. a DNA test being the clear and convincing evidence
If they wanted to be men and step up to the plate, they could file to challenge paternity, but doubt they will.

Section 26-17-22
Hospital paternity acknowledgement program.
(a) The natural mother and father of a child born to a woman who was unmarried at the time of birth and had not been married or attempted to be married within 300 days prior to the birth may, at any time and place prior to the child's 19th birthday, state and acknowledge that they are the natural parents of the child in an affidavit of paternity signed by both parties before a notary public. Before a mother and a putative father sign an acknowledgment of paternity, the mother and the putative father shall be given notice, orally and in writing, of the alternatives to, the legal consequences of, and, if one parent is a minor, any rights afforded due to minority status, and responsibilities that arise from signing the acknowledgment. The affidavit shall be on a form prescribed by rule of court and shall include the Social Security number and current address of each parent, a listing of the rights and responsibilities of acknowledging paternity, including the duty to financially support the child, and instruction for filing the affidavit with the Office of Vital Statistics.

(b) The affidavit of paternity shall be a legally sufficient basis for establishing an obligation for child support and for the expenses of the mother's pregnancy and confinement. The affidavit may be admitted as evidence of paternity in any action to establish a support order or an adjudication of paternity.

(c) Hospitals that have a licensed obstetric care unit or are licensed to provide obstetric services or licensed birthing centers associated with a hospital shall provide to the mother and alleged father, if he is present in the hospital, during the period immediately preceding or following the birth of a child to an unmarried woman in the hospital, all of the following: (1) Written materials about paternity establishment. (2) Form affidavits of paternity for the purposes of subsection (a) above. (3) A written description of the rights and responsibilities of acknowledging paternity. (4) An opportunity, prior to discharge from the hospital, to speak with a trained person made available through the Department of Human Resources, either by telephone or in person, who can clarify information and answer questions about paternity establishment. The Department of Human Resources shall make materials available without cost to the hospitals. If the mother and father complete the affidavit in the hospital, the hospital shall send the affidavit of paternity to the Office of Vital Statistics with required birth certificate information within five days of the birth of the child. Hospitals may be reimbursed by the Department of Human Resources up to the amount allowable by federal regulations for each completed affidavit. A hospital shall be immune from civil or criminal liability for actions taken pursuant to the requirements of this section.

(d) The Office of Vital Statistics shall offer the mother and the alleged father paternity acknowledgment services as specified in this section.

(e) Notwithstanding any law to the contrary, an affidavit of paternity completed in accordance with this section shall be accepted by the Office of Vital Statistics for purposes of listing the father's name on the child's birth certificate.

(f) If a birth certificate has been filed in the Office of Vital Statistics, listing a father of the child, no new birth certificate can be established by the Office of Vital Statistics based on an affidavit of paternity received subsequently by that office unless a determination of paternity has been made by a court of competent jurisdiction or following adoption.

(g) The affidavit of paternity shall be considered a confidential record and access shall be available in the same manner as birth records. The affidavit of paternity shall not be subject to the provisions of Section 22-9A-12(c) and shall be released by the Office of Vital Statistics to the Department of Human Resources upon request by the department and payment of any fee required by the Office of Vital Statistics for the purpose of child support enforcement or any other lawful purpose without the necessity of a court order.

(h) A signed voluntary acknowledgment of paternity completed in accordance with this section shall be considered a legal finding of paternity subject to the right of any signatory to rescind the acknowledgment within the earlier of 60 days or the date of an administrative or judicial proceeding relating to the child including a proceeding to establish a support order in which the signatory is a party.

(i) After the 60-day period, a signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact with the burden of proof upon the challenger, and the legal responsibilities, including child support obligations, of any signatory arising from the acknowledgment may not be suspended during the challenge except for good cause shown.

(j) An acknowledgment of paternity executed in another state under Title IV-D of the Social Security Act shall be entitled to full faith and credit in this state.

(Acts 1994, No. 94-705, p. 1362, §2; Acts 1997, No. 97-447, p. 772, §11.)

These codes are all searchable at
Alabama Legislative Information System Online
 

TheGeekess

Keeper of the Kraken
Section 26-17-6
Action to determine father and child relationship.
(a) A child, a child's natural mother, or a man presumed to be the child's father under subdivision (1), (2), or (3) of Section 26-17-5(a), may bring an action at any time for the purpose of declaring the existence of the father and child relationship presumed under subdivision (1), (2), or (3) of Section 26-17-5(a), but for purposes of support, the action shall be brought before the child reaches the age of 19; or

(b) Any interested party may bring an action at any time for the purpose of determining the existence or non-existence of the father and child relationship presumed under subdivision (4) or (5) or (6) of Section 26-17-5(a).

(c) An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under Section 26-17-5 may be brought by the child, the mother, or personal representative of the child, the public authority chargeable by law with support of the child, the personal representative or a parent of the mother if the mother has died, a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor.

(d) If an action under this section is brought before the birth of the child, all proceedings shall be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.

(e) If the child has been adopted, an action may not be brought.

(Acts 1984, No. 84-244, p. 375, §6; Acts 1994, No. 94-705, p. 1362, §1; Act 2000-673, p. 1340, §1.)
 

bluerosejaci

Junior Member
Thanks for all the advice and information that was given. The issue with my husband being order to pay child support isn't a problem, he just wants to stay her dad in her life as he always has been. My husband's ex-wife was ordered to pay my husband child support for their son and she's never paid any in the 6 yrs of his life and he's never pushed it. He's been the main and only financial support for both kids. My husband and his daughter's maternal grandmother has contacted dhr about concerns of neglect and abuse and they told him he would need to show proof before they could act on it, I honestly don't believe that the information they was given is right.

My husband doesn't want to take her from her mom as long as she's being taken good care of, but we don't want the new man in her life punishing my husband's daughter for wanting to see her dad and isolating her from all the family that loves her very much whether they be biologically related or not.
 

tryingtolearn2

Junior Member
My husband and his daughter's maternal grandmother has contacted dhr about concerns of neglect and abuse and they told him he would need to show proof before they could act on it, I honestly don't believe that the information they was given is right.


I am in no position to give legal advice, so I will just offer logical advice LOL

If they contacted DHR and got that reaction, I would KEEP calling. I don't know if they would talk to the same person each time they called, so therefore they may get a different action/reaction from another agent. Push the issue. Call the police department....stay involved. This little girl can't fight for herself. Good Luck.
 

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