Affidavit of paternity

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AmberBrothers

New Member
Hi I was wondering if anyone could tell me about an affidavit of paternity. I have full custody of my son. My son's father is on the birth certificate but as far as I know he has no legal rights. Now all of a sudden he wants to get an affidavit of paternity. I'm wondering if I sign it if it gives him any rights or if it will make us have joint custody instead of me having full custody.
 
AmberBrothers said:
Hi I was wondering if anyone could tell me about an affidavit of paternity. I have full custody of my son. My son's father is on the birth certificate but as far as I know he has no legal rights. Now all of a sudden he wants to get an affidavit of paternity. I'm wondering if I sign it if it gives him any rights or if it will make us have joint custody instead of me having full custody.
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Before you agree to anything, you should meet with a couple of Alabama licensed family law attorneys in your county.
Don't worry about the cost, as most attorneys will meet with potential clients free of charge for the initial consultation, but be sure you ask when you make your appointment.
Don't trust anyone when it comes to the safety of your child.
Be smart, don't sign anything that involves your child unless you've consulted a lawyer licensed to practice law in your state!


Here you go, OP, these sites explain what an affidavit of paternity does in YOUR state:

http://www.alabamalegalhelp.org/issues/families-and-children/paternity

http://adph.org/vitalrecords/index.asp?id=1569

http://codes.lp.findlaw.com/alcode/26/17/26-17-22

http://www.uslegalforms.com/paternity/alabama-paternity-forms.htm
 
AmberBrothers said:
Hi I was wondering if anyone could tell me about an affidavit of paternity. I have full custody of my son. My son's father is on the birth certificate but as far as I know he has no legal rights. Now all of a sudden he wants to get an affidavit of paternity. I'm wondering if I sign it if it gives him any rights or if it will make us have joint custody instead of me having full custody.
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If he files for a paternity he will be able to do so - you won't have an option. You can expect joint legal custody and you being CP, while he has visitation.
 
I'm not sure why Dad thinks he needs an AOP, since you said there's been a DNA test. Was the DNA test court ordered? Is the court involved at all (child support/visitation)?
 
AmberBrothers said:
No the court is not involved. We had a DNA test when my son turned a month old.
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I suggest you make an appointment with a couple local family law attorneys.
Most attorneys will meet with potential clients free of charge for the initial consultation, but be sure you ask when you make your appointment.
Why do I suggest you see a REAL Alabama attorney?
If you are unsure about signing any document, don't do it until you have received LEGITIMATE legal advice and counsel.
Better to be slow and safe, than fast and snookered!

By the way, he can no more make you sign a document anymore than you can make him sign a document.
 
Yeah, those DNA tests without a chain of custody are worth squat in a courtroom. But if he's on the birth certificate, he had to sign something (an Acknowledgement of Paternity).
 
AmberBrothers said:
So do I have to sign it? We have already had a paternity test and he is on the birth certificate.
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Okay, that's one less hurdle for him to jump through.

If he files for visitation, he will get visitation. Time to accept that sooner rather than later.
 
He is on the birth cert. as the Father & DNA seems to confirm it. I don't see why the court would not allow visitation.
 
Sounds to me like he is setting the stages for a custody/visitation battle. Why he thinks he needs the AOP I don't know but again if hes seeking this its most likely to gain some right he feels he does not have like custody or visitation. Is he paying you any support for his child? If not and he stirs this pot he can expect to pay you child support and possibly back support
 
At the most, the state may go back 2 years for child support. They usually don't.
 
This man sounds like is in a hurry to get on the court's roles and the state's child support records so that he can get a bostload of legal money to the mother of the child to assist her in parenting and supporting their child.
He's just a great guy who wants to do the right thing and is in a big hurry to help his baby!
 
shrinkmaster said:
Sounds to me like he is setting the stages for a custody/visitation battle. Why he thinks he needs the AOP I don't know but again if hes seeking this its most likely to gain some right he feels he does not have like custody or visitation. Is he paying you any support for his child? If not and he stirs this pot he can expect to pay you child support and possibly back support
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I'm reading differently - I'm seeing that she really doesn't want Dad to have rights. Obligations, sure - but no rights to custody.
 

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