How can I prove my son's paternity after divorce?

Q: What happens if you have a baby with another man while married?

If a married woman has a baby with another man, her husband is generally presumed to be the father under Alabama law. This presumption can be contested in court, and the biological father may pursue legal recognition of paternity. The situation can complicate custody and support issues, so legal advice is recommended.

Q: What are my rights if my husband wants a divorce?

In Alabama, if your husband wants a divorce, you have the right to contest the divorce, seek alimony, and request custody of any children. You can also negotiate property division and other financial matters. It's advisable to consult with a family law attorney to understand your rights and options during the divorce process.

Q: What happens if you get pregnant with another man before your divorce is final?

If you become pregnant by another man before your divorce is finalized in Alabama, your husband is still presumed to be the father of the child. This presumption can be challenged in court. The biological father may need to establish paternity to gain rights, and legal counsel is recommended to navigate these complex issues.

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: 04/07/2025
State: Alabama

Answer:

In Alabama, if a man is married to the mother of a child at the time of the child's birth and the child is born within 300 days after the marriage ends (due to divorce, death, or annulment), he is presumed to be the father. This is outlined in Code of Ala. § 26-17-204. Since your son was born within three months (less than 300 days) of your divorce, you can assert that your ex-husband is presumed to be the father.

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.

FAQs

What happens when a married woman has a child with another man?

In Alabama, if a married woman has a child with another man, the husband is typically presumed to be the father, unless paternity is legally challenged. This presumption can be rebutted through paternity testing or legal action. If the husband denies paternity, the biological father may seek to establish his rights through court. It's important to consult an attorney for guidance on specific circumstances.

What happens if you have a baby with another man while married?

What are my rights if my husband wants a divorce?

What happens if you get pregnant with another man before your divorce is final?

What happens if a man gets another woman pregnant during a divorce?

If a man gets another woman pregnant during a divorce in Alabama, he may still be liable for child support for that child. The divorce proceedings will not automatically affect his responsibilities as a parent. The biological mother can seek paternity establishment and child support through the court. Legal advice is crucial in these situations.

What happens if I'm married but have a baby with someone else?

If you are married and have a baby with someone else in Alabama, your husband is presumed to be the father of the child. This presumption can be legally challenged, allowing the biological father to establish paternity. Legal proceedings may be necessary to resolve custody and support issues. Consulting an attorney is advisable.