According to Alabama law, a man is presumed to be the natural father of a child if he and the child’s 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 of marriage or divorce and if the marriage is determined invalid or there is a decree of separation from the court. After the child’s birth, the father must acknowledge his paternity of a child in writing filed with the court or the Office of Vital Statistics, and with his consent, he is named as the child’s father on the birth certificate. And, he is obligated to provide child support.
A presumption of paternity may be denied by legal action only with clear, convincing evidence. The presumption of paternity is denied only by a court decree establishing paternity of the child by another man.
A paternity action may be necessary to determine parental rights, child custody or child support when the identity of the biological father is in question. In these instances, the court will order a genetic test. The result of this test is used to establish a legal relationship between the parent and child and to determine the extent to which the father has a child support obligation. Even if the biological father does not wish to play an active role in the child’s upbringing, he still has the obligation to provide financial support to the minor.
These paternity actions may be brought by the mother, the presumed father, the man alleged to be the father, a government agency or the child. Jim Holliman is available to offer you legal guidance, assist in filing a paternity action with the court and defend you against a paternity action.
Reach Out to Us
With our legal assistance, you can resolve your paternity action and get on the road to peace of mind about the future. Call us today at 205-663-0281 if you want to know more about the paternity action process. Jim Holliman will help you so you can take care of your loved ones. We treat you like family.
James Holliman, Attorney