How Can Unmarried Parents Establish Paternity and Custodial Rights?

Why Do Parents Seek to Establish Paternity in Alabama?

It is impossible to establish paternity without solid science on your side. Unfortunately, when unmarried parents have a child and then separate, there can be complicated legal issues if the paternity of the child is in question. There have been situations in which fathers have paid enormous child support payments for children that were later proven through DNA testing not to be theirs. We have all heard stories of single mothers left to support their children without child support. Conversely, a father being kept from his children has no enforceable rights until his paternity has been established.

At Jim Golden Law, there is no substitute for peace of mind. Call us today at 866-950-6652 for a consultation.

How is Paternity Established in Alabama?

Alabama recognizes multiple avenues of establishing paternity. They are: 

• The presumption of paternity. By Alabama law, a man is presumed to be the child’s father if he was married to the child’s mother ten months before the child’s birth or separated from the mother ten months after marriage. 
• DNA Testing affirms legal fatherhood by a margin of 95% or more
• Both parents sign a birth certificate
• Both parents sign a voluntary paternity agreement
• A court order can also establish paternity. If the father of a child born to unmarried parents fails to respond to the paternity petition or does not show up for the DNA Test, a default judgment of paternity and an order for child support may be entered. 

All of these presumptions can be challenged in court with compelling supporting evidence. For help, consult with the qualified and empathetic family law attorney at Jim Golden Law. 

Who Can File a Petition Seeking the Paternity of My Child?

In the era of social media, when everything is public knowledge, and our entire lives are laid bare for the world to see, you may be worried that just anyone can access this information and discover who fathered your children. There are many reasons you should keep this information private. You should have no concerns. It is confidential information and is protected by law. 

The only people who may file a petition seeking the paternity of a child are: 

• The Mother
• Said, Father
• Same-sex spouse/Partner
• Conservator/Guardian of the child

How is a Paternity Petition Filed in Alabama?

There are several steps to take when filing a petition for paternity. They are: 

• Documentation preparation: Documentation preparation is the most crucial step. It includes gathering and filling out all the required forms, including the actual Petition for Paternity. The petition will consist of relevant information about the relationship between the child and the father and biographical information about both individuals. It is helpful to seek the assistance of a qualified and dedicated family law attorney ready to fight for you and help you file the petition. Jim Golden Law is available to ensure it’s done right. There’s no substitute for peace of mind.
• The next step is to file the petition with the appropriate court. After completing all the paperwork, your attorney will file the petition in your child’s county.
• Service of Process: After filing the petition, the other party must be officially notified about the case. There are multiple ways to accomplish this without direct contact. Your attorney can best advise you on the method most appropriate for your circumstance.
• Respond to Petition—Much like during divorce proceedings, the parent served has a set time to respond. They can either agree with the paternity claim, contest it, or ignore it. If there is no response, the filing parent can seek a default judgment from the court.
• Undergo Legal Admissible DNA Test -If paternity is contested, the court may order a DNA test to establish legal fatherhood. The mother, child, and father may all be required to test. Home tests are not admissible in court as they must be administered by a professional lab technician and follow a strict chain of command so they are not contaminated. 
• Attend a court hearing—Both parents must attend the hearing. After reviewing all the evidence, the judge will make a ruling.
• Finalize the Court Order- Once the judge makes their ruling, they will issue an order of paternity that establishes the child’s legal fatherhood. This document is the basis for further legal arrangements such as child support and custody. 
• The final step is to record the order with the Alabama Office of Vital Records. This ensures that the legal father’s name is added to the birth certificate 

When Should I Call a Family Law Attorney for Help Establishing paternity?

There are few things more troubling than needing to establish the legal fatherhood of your child. Future benefits for your child, like health insurance, child support, and future inheritance rights, depend upon determining the child’s paternity. Both parents have responsibilities and rights under Alabama law once paternity is established.

Family law is complex, and paternity issues can be some of the most emotional and complex anxieties to resolve between separating parents. Every case is different, and we recognize the need for individual service. The staff of Jim Golden Law are compassionate and empathetic and will take the time to understand your situation. Your family is our business. There is no substitute for peace of mind. We’re on your side! Call 866-950-6652 for a consultation today.