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Mother passed away
- Thread starter aculbert
- Start date
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BelizeBreeze
Senior Member
And that is INCORRECT.acmb05 said:Common law marriage in Alabama. However it is irrelevent as long as he signed this,
Affidavit of Paternity: This affidavit, if properly signed and notarized, creates a legal finding of paternity under Alabama law
Now, quit playing like you KNOW the answer.
acmb05 said:Common law marriage in Alabama. However it is irrelevent as long as he signed this,
Affidavit of Paternity: This affidavit, if properly signed and notarized, creates a legal finding of paternity under Alabama law
My bad they do recognize common law marriage.
Common Law Marriage Fact Sheet
By Dorian Solot and Marshall Miller
Note: You can download a version of the text below in Adobe Acrobat format.
THE MYTH: There is a common misperception that if you live together for a certain length of time (seven years is what many people believe), you are common-law married. This is not true anywhere in the United States.
STATES THAT RECOGNIZE COMMON LAW MARRIAGE:
Only a few states recognize common law marriages:
Alabama
Colorado
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
Pennsylvania (if created before 9/03)
Rhode Island
South Carolina
Texas
Utah
Washington, D.C.
STATE-BY-STATE REQUIREMENTS TO FORM A COMMON LAW MARRIAGE:*
Alabama: The requirements for a common-law marriage are: (1) capacity; (2) an agreement to be husband and wife; and (3) consummation of the marital relationship.
BelizeBreeze
Senior Member
FURTHERMORE:
Next time you want to quote off the internet, know what you're talking about.
Affidavit of Paternity: This affidavit, if properly signed and notarized, creates a legal finding of paternity under Alabama law. It is a legally sufficient basis for establishing an obligation for child support and birth expenses. This form can be completed anytime after the child's birth and before the child's nineteenth birthday. This form can be obtained at any county DHR office.
That has absolutely nothing to do with legally establishing parental rights which is what this post is all about.
Geeez, between you and this poster, I'm beginning to wonder just how many hillbillies we have on this forum.
Next time you want to quote off the internet, know what you're talking about.
Affidavit of Paternity: This affidavit, if properly signed and notarized, creates a legal finding of paternity under Alabama law. It is a legally sufficient basis for establishing an obligation for child support and birth expenses. This form can be completed anytime after the child's birth and before the child's nineteenth birthday. This form can be obtained at any county DHR office.
That has absolutely nothing to do with legally establishing parental rights which is what this post is all about.
Geeez, between you and this poster, I'm beginning to wonder just how many hillbillies we have on this forum.
STAY OUT OF MY POST.BelizeBreeze said:FURTHERMORE:
Next time you want to quote off the internet, know what you're talking about.
Affidavit of Paternity: This affidavit, if properly signed and notarized, creates a legal finding of paternity under Alabama law. It is a legally sufficient basis for establishing an obligation for child support and birth expenses. This form can be completed anytime after the child's birth and before the child's nineteenth birthday. This form can be obtained at any county DHR office.
That has absolutely nothing to do with legally establishing parental rights which is what this post is all about.
Geeez, between you and this poster, I'm beginning to wonder just how many hillbillies we have on this forum.
That entire link is about establishing paternity form the Alabama Department of human resources. GO FIGURE. Do state agencies usually lie.
I just spoke with my brother and he did sign an Affidavit of Paternity.
maybe you should try the same thing
So your saying they can use it to make him pay child support on a child that may not be his because this affidavit does not legally say it is?
you know we may not always be exactly right on some things but you dont always have to be an ******* about stuff. With an attitude like you have I am beginning to wonder if you even have a practice at all. I sure hope you dont show your clients the same attitude when they dont know the law as well as you.
BelizeBreeze said:And that is INCORRECT.
Now, quit playing like you KNOW the answer.
So your saying they can use it to make him pay child support on a child that may not be his because this affidavit does not legally say it is?
you know we may not always be exactly right on some things but you dont always have to be an ******* about stuff. With an attitude like you have I am beginning to wonder if you even have a practice at all. I sure hope you dont show your clients the same attitude when they dont know the law as well as you.
BelizeBreeze
Senior Member
Fine, you tell your brother that he has every right to go get his child and when the police show up and put him in jail for attempted kidnapping you bail him out and take him to an attorney.aculbert said:STAY OUT OF MY POST.
That entire link is about establishing paternity form the Alabama Department of human resources. GO FIGURE. Do state agencies usually lie.
I just spoke with my brother and he did sign an Affidavit of Paternity.
Because that's where he is heading if he listen to you.
The ONLY thing the AOP gives him is legal standing. ONLY the court, in unmarried couple births, can bestow upon him PARENTAL RIGHTS.
But hey, it's your brother. And it's his life he'll be screwing up.
I really could give a rat's behind.
BelizeBreeze
Senior Member
Want to know why I'm an ass?acmb05 said:So your saying they can use it to make him pay child support on a child that may not be his because this affidavit does not legally say it is?
you know we may not always be exactly right on some things but you dont always have to be an ******* about stuff. With an attitude like you have I am beginning to wonder if you even have a practice at all. I sure hope you dont show your clients the same attitude when they dont know the law as well as you.
Because of your INACCURATE and DANGEROUS advice this poster now thinks her brother has legal rights to the child.
and she has YOU to thank for that.
Now, stuck YOUR attitude somewhere and let the people who KNOW the law answer.
How the hell could her parents have him locked up for kidnapping a child that isn't theirs either. They have no rights.BelizeBreeze said:Fine, you tell your brother that he has every right to go get his child and when the police show up and put him in jail for attempted kidnapping you bail him out and take him to an attorney.
Because that's where he is heading if he listen to you.
The ONLY thing the AOP gives him is legal standing. ONLY the court, in unmarried couple births, can bestow upon him PARENTAL RIGHTS.
But hey, it's your brother. And it's his life he'll be screwing up.
I really could give a rat's behind.
plainly states here
Establishing paternity gives a child born outside of marriage the same legal rights as a child born to married parents. Children with legal fathers are entitled to benefits through their fathers that may include Social Security benefits, veteran's benefits and inheritance rights. Children may also benefit by knowing their biological family';s cultural and medical history. Either parent may take action to legally establish paternity. The process may begin at any time, until the child attains the age of majority. In Alabama, the age of majority is 19.
When a married couple has a child, the law automatically recognizes the husband as the father. When an unmarried woman has a child, an official act is needed to establish the legal father of the child. This is called establishing paternity. Sometimes a parent may want proof that the man is the biological father of the child. In that case, a genetic test will be used to show that either the man is not the biological father (he is excluded), or, that there is an extremely high probability that the man is the father of the child. The results of a genetic test are then used by the court as evidence of parentage. A court order will then be issued establishing paternity.
The State of Alabama will use these three possible types of processes to establish paternity:
1. Uncontested consent process: This process requires both the mother and the alleged father to agree that the alleged father is the biological father of the minor child. The parties can do this by completing an Affidavit of Paternity either through the in-hospital process before leaving the birthing hospital or at a later time.
* Affidavit of Paternity: This affidavit, if properly signed and notarized, creates a legal finding of paternity under Alabama law. It is a legally sufficient basis for establishing an obligation for child support and birth expenses. This form can be completed anytime after the child's birth and before the child's nineteenth birthday. This form can be obtained at any county DHR office.
* In-Hospital Paternity: All birthing hospitals must allow unmarried mothers and alleged fathers the opportunity to sign an affidavit of paternity at the time of their child's birth.
2. Administrative process: This process gives the Department of Human Resources the authority to administratively order genetic testing. In most cases, this eliminates the need to involve the court in genetic testing. However, the court must issue an order establishing paternity and support.
3. Contested judicial process: The contested judicial process is used when the alleged father refuses to acknowledge paternity or when the alleged father and/or mother refuse to cooperate with administrative genetic testing.
Establishing paternity gives a child born outside of marriage the same legal rights as a child born to married parents. Children with legal fathers are entitled to benefits through their fathers that may include Social Security benefits, veteran's benefits and inheritance rights. Children may also benefit by knowing their biological family';s cultural and medical history. Either parent may take action to legally establish paternity. The process may begin at any time, until the child attains the age of majority. In Alabama, the age of majority is 19.
When a married couple has a child, the law automatically recognizes the husband as the father. When an unmarried woman has a child, an official act is needed to establish the legal father of the child. This is called establishing paternity. Sometimes a parent may want proof that the man is the biological father of the child. In that case, a genetic test will be used to show that either the man is not the biological father (he is excluded), or, that there is an extremely high probability that the man is the father of the child. The results of a genetic test are then used by the court as evidence of parentage. A court order will then be issued establishing paternity.
The State of Alabama will use these three possible types of processes to establish paternity:
1. Uncontested consent process: This process requires both the mother and the alleged father to agree that the alleged father is the biological father of the minor child. The parties can do this by completing an Affidavit of Paternity either through the in-hospital process before leaving the birthing hospital or at a later time.
* Affidavit of Paternity: This affidavit, if properly signed and notarized, creates a legal finding of paternity under Alabama law. It is a legally sufficient basis for establishing an obligation for child support and birth expenses. This form can be completed anytime after the child's birth and before the child's nineteenth birthday. This form can be obtained at any county DHR office.
* In-Hospital Paternity: All birthing hospitals must allow unmarried mothers and alleged fathers the opportunity to sign an affidavit of paternity at the time of their child's birth.
2. Administrative process: This process gives the Department of Human Resources the authority to administratively order genetic testing. In most cases, this eliminates the need to involve the court in genetic testing. However, the court must issue an order establishing paternity and support.
3. Contested judicial process: The contested judicial process is used when the alleged father refuses to acknowledge paternity or when the alleged father and/or mother refuse to cooperate with administrative genetic testing.
BelizeBreeze
Senior Member
Now point out anything in that cut-n-paste from the internet that bestows PARENTAL RIGHTS on the father.acmb05 said:Establishing paternity gives a child born outside of marriage the same legal rights as a child born to married parents. Children with legal fathers are entitled to benefits through their fathers that may include Social Security benefits, veteran's benefits and inheritance rights. Children may also benefit by knowing their biological family';s cultural and medical history. Either parent may take action to legally establish paternity. The process may begin at any time, until the child attains the age of majority. In Alabama, the age of majority is 19.
When a married couple has a child, the law automatically recognizes the husband as the father. When an unmarried woman has a child, an official act is needed to establish the legal father of the child. This is called establishing paternity. Sometimes a parent may want proof that the man is the biological father of the child. In that case, a genetic test will be used to show that either the man is not the biological father (he is excluded), or, that there is an extremely high probability that the man is the father of the child. The results of a genetic test are then used by the court as evidence of parentage. A court order will then be issued establishing paternity.
The State of Alabama will use these three possible types of processes to establish paternity:
1. Uncontested consent process: This process requires both the mother and the alleged father to agree that the alleged father is the biological father of the minor child. The parties can do this by completing an Affidavit of Paternity either through the in-hospital process before leaving the birthing hospital or at a later time.
* Affidavit of Paternity: This affidavit, if properly signed and notarized, creates a legal finding of paternity under Alabama law. It is a legally sufficient basis for establishing an obligation for child support and birth expenses. This form can be completed anytime after the child's birth and before the child's nineteenth birthday. This form can be obtained at any county DHR office.
* In-Hospital Paternity: All birthing hospitals must allow unmarried mothers and alleged fathers the opportunity to sign an affidavit of paternity at the time of their child's birth.
2. Administrative process: This process gives the Department of Human Resources the authority to administratively order genetic testing. In most cases, this eliminates the need to involve the court in genetic testing. However, the court must issue an order establishing paternity and support.
3. Contested judicial process: The contested judicial process is used when the alleged father refuses to acknowledge paternity or when the alleged father and/or mother refuse to cooperate with administrative genetic testing.
I'll wait.
and belize
I did not give legal advise I posted the link to a legal site. Not the same thing.
Like I said you attitude sucks for someone who is supposed to be so well educated. You and another poster are always telling people this is a legal site and not an opinion site but you seem to think its ok for you to post YOUR opinion about people all the time. To call people names strictly based on what part of the country they live in is pretty ignorant on your part and really shows your lack of social skills. No wonder your a lawyer
I did not give legal advise I posted the link to a legal site. Not the same thing.
Like I said you attitude sucks for someone who is supposed to be so well educated. You and another poster are always telling people this is a legal site and not an opinion site but you seem to think its ok for you to post YOUR opinion about people all the time. To call people names strictly based on what part of the country they live in is pretty ignorant on your part and really shows your lack of social skills. No wonder your a lawyer
BelizeBreeze
Senior Member
And by you posting that irrelevant crap this idiot now THINKS she has an out for her brother.acmb05 said:I did not give legal advise I posted the link to a legal site. Not the same thing.
Like I said you attitude sucks for someone who is supposed to be so well educated. You and another poster are always telling people this is a legal site and not an opinion site but you seem to think its ok for you to post YOUR opinion about people all the time. To call people names strictly based on what part of the country they live in is pretty ignorant on your part and really shows your lack of social skills. No wonder your a lawyer
And because of your crap post, which has NOTHING whatsoever to do with the facts presented, you have caused her NOT to read the correct answer which was given in the very first response.
Now, want to cause more problems on this forum with your LACK of legal knowledge?
read this
Alabama law provides that both biological parents of a child have equal rights to exercise physical custody of a child, absent a court order to the contrary.
This provision in the law applies both to parents who are married and to parents who have never been married. There is no presumption in the law that the mother has an automatic legal claim to retain physical custody simply because no action has been filed in court to establish the legal rights of one or both parents.
Neither parent has a legal right to forcefully remove a child from the other parent's physical custody. If one parent refuses to allow the other parent access to a child for the purposes of exercising visitation, the parent seeking to enforce his or her parental rights must file an action in court and allow a judge to determine the nature and degree of those rights.
Do unwed fathers have rights?
Yes, unwed fathers have rights under Alabama law. The fact that a man is not married to the mother of his child does not affect his legal rights in relation to the child. If the father's name is not listed on the child's birth certificate and if the mother denies that the father is in fact the biological father of the child, the father could place himself in a difficult legal position if he were to attempt to interfere with the mother's physical custody of the child.
and since Alabama recognizes the affidavit of paternity as a legal contract showing he is the biological father then wouldn't this part would apply to him.
Alabama law provides that both biological parents of a child have equal rights to exercise physical custody of a child, absent a court order to the contrary.
This provision in the law applies both to parents who are married and to parents who have never been married. There is no presumption in the law that the mother has an automatic legal claim to retain physical custody simply because no action has been filed in court to establish the legal rights of one or both parents.
Neither parent has a legal right to forcefully remove a child from the other parent's physical custody. If one parent refuses to allow the other parent access to a child for the purposes of exercising visitation, the parent seeking to enforce his or her parental rights must file an action in court and allow a judge to determine the nature and degree of those rights.
Do unwed fathers have rights?
Yes, unwed fathers have rights under Alabama law. The fact that a man is not married to the mother of his child does not affect his legal rights in relation to the child. If the father's name is not listed on the child's birth certificate and if the mother denies that the father is in fact the biological father of the child, the father could place himself in a difficult legal position if he were to attempt to interfere with the mother's physical custody of the child.
and since Alabama recognizes the affidavit of paternity as a legal contract showing he is the biological father then wouldn't this part would apply to him.
BelizeBreeze
Senior Member
You know something. The more you post things you have no understanding about, the more this poster, no matter how deluded she is, continues to believe her brother has legal paternal rights.
So, are you going to stop or do I have to ask that you be removed from this forum?
As for you aculbert, I don't care if you like me, the way I give advice or the advice itself. Until your brother files for custody the acknowledgement of paternity he signed gives him nothing but a legal finding of paternity.
He does NOT have the right LEGALLY to take the child.
And, until he does as I suggested in my VERY FIRST REPLY, until this thread was hijacked by someone who has no legal background or training, he never will.
Until a court accepts his AOP and enters an order of custody, he is the father with NO rights to the child.
Now, you have been told twice what he needs to do. ANYTHING else will NOT bestow upon him legal rights to the child. Not posting from the internet, not GUESSING and not playing attorney.
And the longer he waits, the more chance he gives the maternal grandparents time to file an emergency custody petition which will make his fight for this child much more difficult and expensive.
So, now you have the CORRECT LEGAL answer again.
Do with it what you will. I refuse to be a part of this idiotic thread any longer.
So, are you going to stop or do I have to ask that you be removed from this forum?
As for you aculbert, I don't care if you like me, the way I give advice or the advice itself. Until your brother files for custody the acknowledgement of paternity he signed gives him nothing but a legal finding of paternity.
He does NOT have the right LEGALLY to take the child.
And, until he does as I suggested in my VERY FIRST REPLY, until this thread was hijacked by someone who has no legal background or training, he never will.
Until a court accepts his AOP and enters an order of custody, he is the father with NO rights to the child.
Now, you have been told twice what he needs to do. ANYTHING else will NOT bestow upon him legal rights to the child. Not posting from the internet, not GUESSING and not playing attorney.
And the longer he waits, the more chance he gives the maternal grandparents time to file an emergency custody petition which will make his fight for this child much more difficult and expensive.
So, now you have the CORRECT LEGAL answer again.
Do with it what you will. I refuse to be a part of this idiotic thread any longer.