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

Q: Mother of my 11 year old son lied and claimed another man on birth certificate. Do I have rights?

I have a Dna test and she has publicly acknowledged I am his biological father and after 8 months of me being involved she has kicked me out of his life for over 250 days. I have counsel just was gathering a lot of other opinions.

1 Lawyer Answer
Shane Michael Oncale
Shane Michael Oncale
  • Divorce Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: I suggest you consult your retained attorney on this issue and ask him or her to explain your options. If they cannot do so adequately the process would be to let them go and seek out another attorney rather than to keep them retained and seek opinions from other attorneys. No matter how you proceed, the next step is to file a court action seeking that you be declared the father. Only a DNA test ordered through the court system bears any weight. In general, if the "other man" on the BC is the husband of the mother you are probably out of luck as only the husband would have the right to challenge paternity. If he is not the husband then you just need to file your action and proceed and the court will order testing and enter a finding defining your paternity and rights.

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