[kitten85]

My husband and I live in Alabama and had marital problems to the point that I left for several weeks. In that time I conceived a child with another man. My husband and I have reconciled but I am worried as to what the father of the child may try to do later. The father stated that he would do anything possible to make sure my husband does not care for this child. He stated that he was advised that due to my marriage he has no standing for anything, including not being able to file for a petition of paternity. This man has demonstrated very obsessive behaviour towards me; he is also a "recovering" drug addict.I am just curious as to if he would be able to try and drag us through anything he can as he has previously stated. I don't want child support from him and my husband agrees that it would be best if he was not in our lives.

Any advice?

[JudyKayTee]

If the "other man" believes he is the father of your child and wants paternity (DNA) testing he will go to Court and require such testing.

You need to speak to an Attorney and determine how to handle the birth certificate and discuss your State's Law on paternity in detail.

Was the possible father a drug addict and obsessive when you were having a relationship with him?

If he is the father he has legal rights, your marriage and current relationship notwithstanding. He has to go to Court to try to get those rights, however, and he could do that at any time until the child is of legal age.

[GV70]

If he is the father he has legal rights, your marriage and current relationship notwithstanding.

No, In Alabama BF does not have standing to try to do it so long as
Presumed father/husband/has not disclaimed status.

[JudyKayTee]

No, In Alabama BF does not have standing to try to do it so long as
presumed father/husband/has not disclaimed status.

Hi GV - could you clarify a little bit, please?

What happens if father does NOT disclaim but boyfriend attempts to get visitation - can boyfriend force the issue?

[ScottGem]

In some states, apparently Alabama is one, If a married woman conceives and the husband accepts the child as his own, then any other possible father cannot fight it. Some states provide a window in which it can be fought.

But since this is Alabama, the possible father would be out of luck. If he persists, the OP can take out a restraining order against him.

As for child support the OP CAN'T ask for it as that would be tantamount to the husband disclaiming the child.

[kitten85]

Thank you so much for this information!

[GV70]

Hi GV - could you clarify a little bit, please?

What happens if father does NOT disclaim but boyfriend attempts to get visitation - can boyfriend force the issue?

Hi Judy!
The boyfriend cannot force it.Especially in Alabama.:)

[ScottGem]

Hi Judy!
The boyfriend cannot force it.Especially in Alabama.:)

Since you are always so good about it, can you give us the statute?

[GV70]

Since you are always so good about it, can you give us the statute?

"A child, a child's natural mother, or a man presumed to be the child's
father under subdivision (1), (2), or (3) of Section 26-17-5(a),may bring
an action at any time for the purpose of declaring the existence of the
father and child relationship presumed under subdivision (1), (2), or (3)
of Section 26-17-5(a), but for purposes of support, the action shall be
brought before the child reaches the age of 19."



In Ex parte C.A.P. 683 So. 2d 1010 (Ala. 1996), the Alabama Supreme Court
Held that an alleged biological father did not have standing to challenge a child's
Paternity where the presumed father persistently asserted his parental status.
"'[T]he legal question is whether a man has standing to
Bring an action seeking to declare a child illegitimate and
To have himself declared the father of that child. This is not
Permitted under the [AUPA], as long as there is a
Presumed father, pursuant to § 26-17-5(a)(1), who has not
Disclaimed his status as the child's father; consequently,
Another man... has no standing to challenge the
Presumed paternity of that child. Put another way, so long
As the presumed father persists inmaintaining his parental
Status, not even the subsequent marriage of the child's
Mother to another man can create standing in the other
Man to challenge the presumed father's parental
Relationship.'"

[GV70]

Section 26-17-6
Action to determine father and child relationship.

(a) A child, a child's natural mother, or a man presumed to be the child's father under subdivision (1), (2), or (3) of Section 26-17-5(a), may bring an action at any time for the purpose of declaring the existence of the father and child relationship presumed under subdivision (1), (2), or (3) of Section 26-17-5(a), but for purposes of support, the action shall be brought before the child reaches the age of 19; or

(b) Any interested party may bring an action at any time for the purpose of determining the existence or non-existence of the father and child relationship presumed under subdivision (4) or (5) or (6) of Section 26-17-5(a).

Section 26-17-5
Presumption of paternity; rebuttal.

(a) A man is presumed to be the natural father of a child if any of the following apply:

(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court.

(2) Before the child's birth he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and

a. If the attempted marriage may be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after the termination of the attempted marriage by death, annulment, declaration of invalidity, or divorce; or

b. If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.

(3) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with the law although the attempted marriage is or could be declared invalid, and

a. He has acknowledged his paternity of the child in writing, the writing being filed with the appropriate court or the Office of Vital Statistics; or

b. With his consent, he is named as the child's father on the child's birth certificate; or

c. He is otherwise obligated to support the child either under a written voluntary promise or by court order.

(4) While the child is under the age of majority, he receives the child into his home or otherwise openly holds out the child as his natural child.

(5) He acknowledges his paternity of the child in a writing filed in accordance with provisions of the legitimation statute.

(6) He and the child's mother have executed an affidavit of paternity in accordance with the provisions of this chapter.

(b) A presumption of paternity under this section may be rebutted in an appropriate action only by clear and convincing evidence. In the event two or more conflicting presumptions arise, that which is founded upon the weightier considerations of public policy and logic, as evidenced by the facts, shall control. The presumption of paternity is rebutted by a court decree establishing paternity of the child by another man.

[GV70]

Since you are always so good about it, can you give us the statute?

Yes, I am always so good at the area of Family Law:)
I hope the statutes and court practice may convince you in my knowledge-haha