Birmingham Fathers’ Rights Lawyer
Under state law, parents have a constitutional right to maintain a relationship with their child. Likewise, children have the right to associate freely with both parents, including fathers. The Alabama Uniform Parentage Act obligates state courts to make decisions based on what is in the best interest of the child, which includes fostering the relationship between both parents and children. Still, many fathers struggle to spend time with their children, even though they want to. In these cases, a Birmingham fathers’ rights lawyer can make sure those rights are upheld.
When Must You Establish Paternity?
Men in Alabama are sometimes under the misconception that if their name is on the child’s birth certificate, they are automatically presumed to be the legal and biological father. However, this is not true. Under state law, a man is presumed to be the father of a child in the following situations:
- The child is born while the man is married to the mother of the child,
- The child is born within 300 days after the marriage between the mother and father is terminated by divorce,, declaration of invalidity, annulment, or death
- The man and the mother of the child married, or tried to marry, and the man has voluntarily, and in writing, acknowledged paternity of the child
- The man brought the child into his home and provided financial and emotional support while the child is still a minor
When the above situations do not apply, paternity is not presumed. In these cases, men must establish paternity before they have legal parental rights and responsibilities.
Fathers Have a Right to Child Custody and Support
Many people mistakenly believe that it is typically mothers who are awarded child custody and child support. Historically, this may have been true. In years past, men often left to go to work every day while women stayed home to raise and care for the children, and maintain the household. Due to the fact that mothers were usually the primary caregivers, they were often awarded child custody. As such, they also typically had a right to child support.
Today, this is clearly not how many households work. Most households rely on two incomes to support the family, meaning that both parents have to work. Additionally, when a family decides that one parent will stay home to care for the children, it is also often the men who take on this role. As such, fathers today have just as much right to child custody and child support as mothers.
Our Fathers’ Rights Lawyer in Birmingham Can Advise On Your Case
If you are a man getting a divorce and children are involved, you are likely very concerned about your future. At Peeples Law, our Birmingham fathers’ rights lawyer can address those concerns, advise on the facts of your case, and always make sure your rights are upheld. Call us now at 205-403-5577 or reach out to us online to schedule a consultation with our experienced attorney and to obtain the sound legal advice you need.