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  1. #1
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    Question Challenging Paternity in Alabama

    My question involves paternity law for the State of: Alabama. I was married for 6 years and my ex-wife and I had a daughter together. I signed the birth certificate without reason to question paternity due to the fact that we were married.

    We legally separated in 2006 for then subsequently divorces on May 8, 2006. I have been paying child support since April 2004 and never missed a payment.

    On 25 June 2010, through DNA testing, I discovered that I wasn't my daughter's biological Father. In accordance with ALABAMA. ALA. CODE. 26-17A-2, I plan to surrender my parental rights and discontinue child support payments. I understand that renouncing my parental rights also disqualifies me from any visitation priveleges as well.

    I'm currently deployed to Iraq and having trouble dealing with this situation. Is there a possibility that I can be awarded restitution for mental anguish due to paternity fraud?

  2. #2

    Default Re: Challenging Paternity in Alabama

    How old is your daughter? Is the bio dad in the picture? How did you happen to have DNA tests done? Have you maintained a relationship with this little girl (does she see you as dad)? Why do you want to walk away from a child that has been yours? Is this at the request of your ex? After all of these years,disestablishing paternity probably isn't going to be as easy as signing a paper. Most courts still hold a clause relating to the best interest of the child, regardless of actual biological relationship. Many also have time limits. Proving fraud after all of these years isn't going to be a walk in the park either. I'm not an atty, but the answers to the above may give more insight for someone to give you a more informed answer.

  3. #3

    Default Re: Challenging Paternity in Alabama

    Is there a possibility that I can be awarded restitution for mental anguish due to paternity fraud?
    What about your daughter's mental anguish for having her father abandon her?

  4. #4

    Default Re: Challenging Paternity in Alabama

    Is it even possible to pursue this or any other issue while he's deployed, or does that only count with a proceeding instituted against him?

  5. #5
    Join Date
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    Default Re: Challenging Paternity in Alabama

    OP, what makes you think you can NOW disestablish paternity AFTER your divorce has been finalized?

    Mamabear, nope, he can go ahead and file whatever it is he wants to file. The SSRCA only applies if its actually invoked - in other words it's not automatic.

    To answer your actual question, OP, you cannot penalize Mom for something you voluntarily did.

  6. #6

    Default Re: Challenging Paternity in Alabama

    See, even old dogs can learn new tricks (ok, maybe I should have said old bears, but you know what I meant! lol).

    I read the statute that he's referring to, and it seems that AL does allow for disestablishment in certain cases, although some of those cases are time limited, and others are only available for adjudicated (?) fathers. It also requires that genetic testing has to be approved by the court before it's admissable, and that it can be denied, which effectively closes any action going forward. Given that the OP has been paying child support and acting as father for at least 6 years, it seems that he really doesn't fit into the true purpose or meaning of the statute, but who knows. I truly think that many forget that biology doesn't make a parent.

  7. #7
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    Default Re: Challenging Paternity in Alabama

    (Also, Alabama specifically prohibits reimbursement and/or restitution in cases like this...)

  8. #8
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    Default Re: Challenging Paternity in Alabama

    Quote Quoting Dogmatique
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    (Also, Alabama specifically prohibits reimbursement and/or restitution in cases like this...)
    ...And your source is???
    Restitution and emotional distress claim are different...

  9. #9
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    Default Re: Challenging Paternity in Alabama

    Quote Quoting GV70
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    ...And your source is???
    Restitution and emotional distress claim are different...

    Go here.


    Page 6 or thereabouts.

    Granted I should have perhaps been clearer; OP specifically talked about restitution which is what the AL statute talks about.

    OP is of course free to sue Mom for anything he likes during a claim for a emotional distress.

    He won't get anywhere with it though frankly.

  10. #10
    Join Date
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    Default Re: Challenging Paternity in Alabama

    Quote Quoting Dogmatique
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    He won't get anywhere with it though frankly.

    And we wonder why no one takes Americans seriously...

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