In the state of alabama if a mother has a man sign the birth certificate knowing he may not be the father is that illegal?

Asked about 2 years ago - Enterprise, AL

Can he get in trouble knowing that this child may not be his? Can a step parents petition the court for paternity test or turn in for fraud? He just does not like the potential biological father and does not want to give him the opportunity to take care of his responsibilities. Also he has a child from another relationship, can this child not being his affect child support of the other child?

Attorney answers (1)

  1. Lois R Beasley-Carlisle

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    Answered . If the man is married to her a child born during the marriage will be presumed to be the husbands unless proven otherwise in a court of law with paternity testing. If the man is not married, a paternity test will generally be ordered and always absolutely should be ordered anytime custody and /or child support become an issue. The first child's child support is taken into consideration when awarding child support to the second child. I have never seen anyone get in trouble for fraud for putting the wrong name on a birth certificate because paternity testing results are higher in the pecking order so to speak than the name on a birth certificate. It would seem like unless the biological father is a dead beat, drug addict, incarcerated convicted , has domestic violence charges on him, or someone like that, that the mother would want assistance in supporting the child. Children cost a lot of money to support. The biological father could petition the court himself for paternity testing if he thought he was the father and he could petition for visitation, support, and/or custody.

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