Full question:
My sister had a baby. During the time of conception she was sexually involved with one guy and his brother and one additional guy that she married. She named her husband as the father of my niece on her birth certificate and he and the child has bonded as father and daughter. She is now 11 years old. She lives in Alabama and the presumed father lived in Alabama until he recently got into some trouble and was then deported. As my niece has gotten older my sister thinks her daughter looks like the brothers. Could my sister force the brothers to be tested? If paternity is proven who would be legally obligated to support the child her ex-husband who has already been paying support or one of the other guys? Would the other guy have to pay back child support and would he be able to immediately receive partial custody of my niece if DNA testing proved he or his brother to be father?
- Category: Paternity
- Date:
- State: Alabama
Answer:
A person must have "standing" to bring a paternity suit in Alabama. Generally, only those with a stake in the outcome, like custodial or visitation rights, can file. A relative can typically only file if one of the parents is deceased. If paternity is established, the court may order the biological father to pay child support, but past support payments are limited to two years.
In Alabama, a child born to a married couple is considered legitimate. The name on a birth certificate does not automatically prove paternity, as a mother can list anyone she believes is the father. If paternity is not established, the child does not have a legal father. Acknowledgment of paternity can occur through a signed affidavit or a court order.
The court will not automatically order paternity tests; it will review the petition to determine if there is sufficient reason for testing. If ordered, the mother, child, and alleged father must be tested at a designated facility. Unmarried fathers have similar rights and duties as married fathers. A paternity action is typically a civil lawsuit, and only certain individuals can initiate it, including the mother, the alleged father, or the child (Ala. Code § 26-17-602).
Once paternity is established, the court will determine child support and custody rights. If the biological father is confirmed, he may be required to pay child support and could seek custody or visitation rights, but the existing father may continue to have obligations unless legally relieved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.