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Alabama law states that the court may give custody to either the father or mother as the court deems right and proper after consideration of the moral character and prudence of the parents, as well as the age and sex of the children.
There is no specific age when Alabama courts must consider a child's opinion. Instead, the judge in each case must determine whether the child is mature enough to have a reasonable preference.
In Alabama, the simplest way to establish paternity is voluntarily, with both the mother and father signing a form that acknowledges paternity by identifying the child's legal father. Once parents have filled out this form and it has been properly filed, the father's name can be added to the child's birth certificate.
Many believe that a father cannot get custody in Alabama. Historically, Alabama laws did, in fact, favor the mother over the father, regardless of the facts and circumstances of the case. This is no longer true. However, child custody in Alabama is now decided based on the best interests of the children.
If a father is not named on the birth certificate, they have no legal rights regarding their child. However, the father can enter into a Parental Responsibility Agreement with the mother, which would give the father the same rights as the mother, or the father can apply to court for a Parental Responsibility Order.
Fathers, like all parents, have a constitutional right under Alabama child custody law to a relationship with their child. Likewise minor children have a complementary fundamental right to free association with their parents, including their father.
There is no specific age when Alabama courts must consider a child's opinion. Instead, the judge in each case must determine whether the child is mature enough to have a reasonable preference.
Men who reside in Alabama often mistakenly believe that if their name appears on the birth certificate, they are automatically granted the legal rights of a father. The state, however, recognizes the husband of any married couple as the father of the child.
Men who reside in Alabama often mistakenly believe that if their name appears on the birth certificate, they are automatically granted the legal rights of a father. The state, however, recognizes the husband of any married couple as the father of the child.
When Is Paternity Automatically Established? Alabama has codified a presumption of paternity where a father is married to the mother of the child, and the child is born either during the marriage or within 300 days after parties get a divorce.