Legal Question in Family Law in Alabama

i got divorced while i was pregnant and didnt know that i was preg at the time the biological dad has never had anything to do with my son nor wanted to after i found out i was prego i called him and told him still til this day he has never saw him well i moved on with my life and the man that i got with i told him i was prego and he knew the baby wasnt his and he wanted my son he put his name on his birth certificate but we have been seperated for a year and he want give me a divorce hasnt seen my son or nothing. what can i do and what is my rights?


Asked on 8/06/10, 1:31 am

1 Answer from Attorneys
Mari Morrison Mari Morrison

He does not have to give you a divorce. You just file for one, get him served and he has 30 days to respond. If he does not respond you just file a default. The basis of the divorce may be irreconcilable differences. That's the way it is in Alabama. Of course the child support and custody would be an issue but that can be handled as to the real father by bringing him in as an indispensible party or third party and requiring a paternity test. Call me in Birmingham if I may be of assistance.

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Answered on 8/11/10, 5:30 am


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