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If the father is not listed on the birth certificate, his paternity can be challenged, so proving that he is the biological father will be necessary. An unmarried father, upon proving that he is the child's biological father, must also file a petition with the court to receive custody and visitation rights.
The alleged father and the mother can establish paternity by completing an Acknowledgment of Paternity through an in-hospital paternity process shortly after the birth of the child, or later at the Department of Human Resources office.
Instructions for Legitimation The father must fill out a Declaration of Legitimation and have his signature witnessed by two people. Use full names. No initials. The mother must fill out a Consent and Waiver form and have her signature witnessed by two people.
The parties can consent to an administrative proceeding whereby a DNA test will be ordered by the Alabama Department of Human Resources. If the test is conclusive, the parties will then need to file a petition to establish paternity with an Alabama court and receive an official court order.
Alabama Laws Regarding Child Custody In Alabama, courts understand the role both parents play in a child's life and, if possible, prefer to grant joint custody. However, ing to Alabama Code § 30-3-2, the courts may give custody to either the father or the mother.