Rights for alleged father

[sallymay]

The child was born out of wedlock and the assumed father signed the birth certificate. The father and mother have life together for 4 years. A potential biological dad has requested DNA testing to find out if he is the father, does the father that has taken care of the child and signed the birth certificate have any rights to the child?

 

[Proserpina]

If Bio is proven to be the father, he'll have the right to request Legal Dad is removed as Legal Dad. Had Mom & Legal Dad been married it may have been different, but not in this case.

 

[shrinkmaster]

The man who signed birth document sis the child's legal Father and has full parental rights that go with that. If this other man gets the DNA and is proven to be child's Father then the man who signed birth documents and is the child's current "Legal Father" status could change

 

[sallymay]

If biological dad does not press to be adjudicated father, but "Legal Father" wants to adopt, he will have to have the consent from biological father correct?

 

[army judge]

If biological dad does not press to be adjudicated father, but "Legal Father" wants to adopt, he will have to have the consent from biological father correct?

I suggest you speak with a couple local attorneys.
You have the basics, now seek a more comprehensive legal opinion.
Every case is different, and every interloper is, too.
Yours sounds very persistent.
You really need a real, live, local lawyer.

 

[Proserpina]

If biological dad does not press to be adjudicated father, but "Legal Father" wants to adopt, he will have to have the consent from biological father correct?

Incorrect.

Legal Dad is the ONLY father at this point - the child is his child. It will remain that way until a court says otherwise.

 

[KatDini]

Section 26-17-608
Estoppel to deny paternity.

(a) In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court may deny a complaint seeking to disprove paternity if the court determines that:

(1) the conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and

(2) it would be inequitable to disprove the father-child relationship between the child and the presumed or acknowledged father.

(b) When determining whether to deny the complaint, the court shall consider the following factors:

(1) the length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father;

(2) the length of time during which the presumed or acknowledged father has assumed the role of father of the child;

(3) the facts surrounding the presumed or acknowledged father's discovery of his possible nonpaternity;

(4) the nature of the relationship between the child and the presumed or acknowledged father;

(5) the age of the child;

(6) the harm that may result to the child if presumed or acknowledged paternity is successfully disproved;

(7) the nature of the relationship between the child and any alleged father;

(8) the extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and

(9) other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child.

(c) In a proceeding involving the application of this section, a minor or incapacitated child must be represented by a guardian ad litem.
(Act 2008-376, p. 666, §2.)

http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/26-17-608.htm

You can go here to find more Alabama Statutes concerning paternity.