What is the law on paternal obligations if the mother of the child married someone, who was not the father, within one year of the child's birth?
Question Details:
The mother of my daughter contacted me when my daughter was 7 years old to tell me we had a child together. We were never married. I did take a paternity test & it was confirmed that the child was mine. The mother told me she didn't want me to have anything to do with my daughter. No papers were ever drawn up. Now, 7 years later, she is taking me to court for child support. My daughter is 14 now. The court learned that the mother of my child married a man who was not the father within a year of her birth. Am I still legally responsible? The court said I may not be? What is the AL law on this?
Divorce, Marriage, Alimony Law Answers
It's possible that the mother's husband may have been acting as the child's father, emotionally and financially, for all or most of her life, in which case the court won't let him simply turn and walk away. It's also possible that the court sees it as unfair for the mother to have told you that you weren't going to have anything to do with the child, denied contact for these past seven years, and now do an about-face and come after you for money, when you've planned your life, with good reason at this point, as if you don't have a child to support.
You have some rights here, and I think it would be well worth your while to talk to a local attorney about this.
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