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dadissad · Apr 11, 2012, 11:55 AM

Legitimizing a child in Alabama,
What do I have to doing order to get visitation rights ,I already pay child support?

JudyKayTee · Apr 11, 2012, 02:41 PM

You go to Court and request visitation. Without an order you cannot exercise your rights.

Support and visitation are different things - you can pay support and not be awarded visitation.

ScottGem · Apr 11, 2012, 03:49 PM

What do you mean by "legitimize? ANY question on law needs to include your general locale as laws vary by area.

If you are paying support, you are the legal father. If you want visitation you go back to court for a visitation schedule.

AK lawyer · Apr 11, 2012, 06:16 PM

The title of this thread asks one thing; the message asks another (which has been asked).

The answer to the question in the title of this thread is found in these Alabama statutes:

"Section 26-11-1
Legitimation by marriage of parents and recognition of child by father.

The marriage of the mother and reputed father of a bastard child renders it legitimate if the child is recognized by the father as his child."

"Section 26-11-2
Procedure for legitimation by written declaration of father generally; notification of mother; filing of response; appointment of guardian ad litem; hearing; issuance of order by court; certification of minutes of court to Office of Vital Statistics.

(a) A father of a bastard child may seek to legitimate it and render it capable of inheriting his estate by filing a notice of declaration of legitimation in writing attested by two witnesses, setting forth the name of the child proposed to be legitimated, its sex, supposed age, and the name of mother and that he thereby recognizes it as his child and capable of inheriting his estate, real and personal, as if born in wedlock. The declaration, being acknowledged by the maker before the judge of probate of the county of the father's residence or the child's residence or its execution proved by the attesting witnesses, shall be filed in the office of the judge of probate of the father's residence or the child's residence.

(b) Upon the filing of the declaration of legitimation, notice shall be given to the child's mother and to the child as provided by the Alabama Rules of Civil Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's mother shall, within 30 days after receiving notice, file her objection or consent to the legitimation with the probate court. The probate court shall appoint a guardian ad litem to represent the child if the mother files a timely objection or if the court determines such appointment to be in the best interest of the child. Following receipt of the mother's response or upon expiration of the time for her response, the probate court shall conduct an informal hearing at which all interested parties may present evidence for determination of whether legitimation is in the best interest of the child. The court shall issue an order of legitimation or denial of declaration of legitimation.

(c) Upon legitimation of the child, a certified copy of the minutes of the court shall be sent by the judge of probate to the Office of Vital Statistics, State Board of Health, and to the Registrar of Vital Statistics of the county where the petition was filed within 30 days after the minutes are recorded."

So, if you are not married to the mother, you either marry the mother (and recognize the child as yours), or execute a declaration, file it with the court, and see that a notice is sent to the mother and child, as set forth above.