Legal Question in Family Law in Alabama

My daughters father has not been in her life any since birth and I took him to court for child support and as the law in alabama when we weren't married he had to take the DNA test and is her father and refuses to pay court ordered support and now comes forth wanting to sign over his rights. He isn't on the birth certificate. Does he have rights to her and how can he sign them over?and if a judge allows him to will we get to change her last name from his last name to mine? Thanks


Asked on 2/04/11, 11:46 pm

1 Answer from Attorneys
Mari Morrison Mari Morrison

If he refuses to pay court ordered child support, you should take him back to court and have him held in contempt (jail) until he pays. If he wants to sign over his rights, that is up to you. He does not have to be on the birth certificate unless you want him on there and submit the DNA court order where he was found to be the father to Montgomery for a new birth certificate. This is discretionary with you or him. You can change the childs last name by having the father sign a consent form which is available thru the Probate Court. Use your head and not your anger, go get the child support and find him in contempt. The child needs the child support and he should provide as he is obligated legally and morally.

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Answered on 2/09/11, 5:30 am


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