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Can my boyfriend rescind his acknowledgment of paternity in Alabama?

Can my boyfriend rescind his acknowledgment of paternity in Alabama?

Q: Can a father deny paternity after signing an acknowledgment?

Once a father has signed an acknowledgment of paternity in Alabama, he cannot simply deny paternity without going through a legal process. He must file a petition in court to rescind the acknowledgment, and this must be done within a specific timeframe as outlined by law. It's advisable to consult with a lawyer for guidance.

Q: Is there a time limit to rescind an acknowledgment of paternity in Alabama?

Yes, in Alabama, there is a time limit to rescind an acknowledgment of paternity. This must be done within sixty days of signing the acknowledgment or before the first court hearing related to the child. After this period, it becomes significantly more difficult to challenge the acknowledgment legally.

Q: Can an acknowledgment of paternity be contested after the time limit?

Contesting an acknowledgment of paternity after the time limit in Alabama is very challenging. Generally, once the sixty-day period has passed, or after the first court hearing, it becomes difficult to rescind the acknowledgment without showing valid grounds. Legal advice is essential in such cases.

Full question:

My boyfriend had signed an acknowledgement of paternity at the time of the birth of our twins. At present, our relationship is going through a rough patch. I fear that my boyfriend might rescind the acknowledgement. Whenever my boyfriend and I have any argument, my boyfriend ends up saying that he is not the father of the twins. Is it possible for my boyfriend to rescind the acknowledgement under the law prevailing in Alabama?

Category: Paternity
Date: 04/07/2025
State: Alabama

Answer:

In Alabama, a person can rescind an acknowledgment of paternity only through a judicial proceeding. According to Code of Ala. § 26-17-307, this can only be done within a specific timeframe: either within sixty days after signing the acknowledgment or before the first court hearing related to the child, such as a support proceeding. Therefore, if your boyfriend wishes to rescind his acknowledgment, he must do so within this time limit.

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 if my boyfriend rescinds his acknowledgment of paternity?

If your boyfriend rescinds his acknowledgment of paternity, it must be done through a court process. This action will not automatically change his legal status as the father unless the court agrees to it. The court will consider the best interests of the children in making its decision. It's important to seek legal advice to understand the implications of this process.

Can a father deny paternity after signing an acknowledgment?

Is there a time limit to rescind an acknowledgment of paternity in Alabama?

What is the process for rescinding an acknowledgment of paternity?

To rescind an acknowledgment of paternity in Alabama, your boyfriend must file a petition in court. This legal process will involve a hearing where the court will evaluate the request. It’s important to act quickly, as there are strict time limits for filing. Consulting with a family law attorney can help navigate this process.