Full question:
I was pregnant at the time I got divorce from my ex-husband. Within three months of our divorce my son was born. My ex-husband does not want to accept the paternity of our son. How I can prove the paternity of my son in this case. My ex-husband and I are residing in the state of Alabama.
- Category: Paternity
- Subcategory: Parental Rights
- Date:
- State: Alabama
Answer:
In Alabama, if a man was married to the mother of the child before the child’s birth, and the child is born within 300 days after the termination of marriage by divorce, then the man is presumed to be the father of the child because the child is born within 300 days of the divorce.The relevant statute reads as follows:Per Code of Ala. § 26-17-204:-
“(a) A man is presumed to be the father of a child if:
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(2) he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;. . . .”
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(2) he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;. . . .”
You may prove the paternity of your son by stating that the child was born within four months (that is less than 300 days) from your divorce.
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.
