Birmingham, AL asked in Family Law, Child Custody and Child Support for Alabama

Q: What rights do I have to my child as a father who pays child support?

For the first four years of my daughters life, I was told she was not mine. then her mother said that she was mine and she filed for child support so I had a paternity test done and found out she was in fact my child I have no problem paying child support but I have sensed moved from Arizona to Alabama to be closer to her and more involved in her life I’m trying to do a 50-50 parenting time and her mother is refusing I would like to know what rights I have as her father who pays child support to parenting time

1 Lawyer Answer
T. Augustus Claus
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Answered

A: As a father who pays child support and has been confirmed as the biological parent through a paternity test, you have rights to seek custody or visitation of your child in Alabama. Your financial support does not directly determine your custody rights, but demonstrating a willingness to support your child both financially and emotionally can positively impact your case. You can petition the court for custody or visitation rights, and the court will consider the best interests of the child in making its decision. This includes evaluating your relationship with your child, your ability to provide a stable environment, and other factors related to the child's welfare. Alabama courts encourage joint custody arrangements when it is in the best interests of the child, so your desire for a 50-50 parenting time could be considered if it benefits your daughter. You may need to initiate a legal process by filing a petition in the family court in the jurisdiction where your daughter lives to establish or modify custody and visitation arrangements.

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