Presumption of Paternity: Possible Paternity of a Child With a Legal Father

lundi 16 mars 2015

My question involves a child custody case from the State of: Alabama



My husband and I received an anonymous letter in the mail that included pictures of an 8 year old child. The pictures were from the birth mother's facebook profile, ones that were only visible to someone who doesn't have access to her profile. The letter stated that they believed my husband to be the father. Since receiving it, we have made an appointment with an attorney for later this week. We also discovered that the man that is listed on this childs birth certificate has been paying child support for the last 8 years and getting visitation every other weekend, supposedly had a dna test done that confirmed he wasn't the father. My suspicion is that this man sent us the letter.



To tell you a little about me, my husband and I have been married for 8 years. The mother of this child was seeing my husband right before I was, so the timeline does in fact work out. It was never a secret to me that they dated. We also knew she was pregnant. My husband did speak to her back then ( we saw her out at a restaurant) and she told him she was pregnant and it was her boyfriends baby. She never suggested that it could have been anyone else's and still has not to this day unless she sent the letter. She is engaged to be married this year. We have not made contact with the birth mother yet. I have several questions, I would appreciate any advice. Please no negative or hurtful posts!



Can the man listed as the father have his name removed from the birth certificate after 8 years?



If my husband requests a dna test, and is the father, can he be ordered to pay retroactive child support for 8 years?



What are the chances that he would get any type of custody after 8 years? :mad:



Can the birth mother keep me away from seeing this child, since it only involves my husband? (We have a family of our own, and I would want him to be included it)



Are there EVER child custody/visitation agreements that do not include child support? More plainly, can the mother and father make there own terms, if both agree, or is it decided on by a judge? *IN NO WAY AM I SAYING THAT HE NOR I WOULD BE WILLING TO FINANCIALLY SUPPORT THIS CHILD.*





*personal questions*

Is it in the best interest of this child? With already losing one man he believed to be his father, and his mother about to marry another man (He /appears/ to be a very nice man, who is aware of the recent discovery).



If we believe that the mother has no intention of every coming to or looking for my husband to give him this information, should we start this process? While neither of us are very happy with her about this, it seems she & her fiance are the only stability this little boy has. We don't want to cause any more chaos in his life. On the other hand, my husband is absolutely torn to pieces with this situation. He is a wonderful man, and thinking that he possibly has a child he never knew about is killing him and it's only been 2 days.





Presumption of Paternity: Possible Paternity of a Child With a Legal Father

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