Legal Question in Family Law in Alabama

I have a child but did not marry her biological father. I filed for child support after she turned 9 years old and he was forced to pay child support through wage garnishment after failing to pay on his own. We have not heard from him for over 4 years until just recently he contacted me asking to see her. She has no interest in seeing him. I have remarried and she considers my husband her father. Can he get visitation if she does not want to see him. Also, my husband is interested in adopting her. Am I right in thinking his child support will stop once that happens?


Asked on 7/28/10, 4:02 pm

1 Answer from Attorneys
Mari Morrison Mari Morrison

Child support stops if child is adopted. If your husband wants to adopt, then you should go ahead and file in the probate court. Of course the biological father would have to be notified and given the opportunity to object. Under probate law, if he has been without contact for six months or more and not paid any child support, that is abandonment and a basis to terminate his parental rights and your husband can adopt.

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Answered on 8/03/10, 10:01 am


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