Legal Question in Family Law in Alabama
Parental Rights
The law in Alabama states that a child born in a marriage is considered to be a child of that marriage. My question is this. I have irrefutable proof that a child born in a marriage in Alabama is my child (through a DNA test). What rights do I have as the natural parnt of this child?
2 Answers from Attorneys
Re: Parental Rights
In Maryland you have the right to visitation, and the right to petition the court for custody of the child, if you are the natural parent and can prove it. If the child is living in Alabama, in the custody of the mother and her husband, the Alabama court will probably not find that Maryland law applies. You would have to file an action in Alabama, if that is where the child has been living. If the child and the mother are living in Maryland, and have been in Maryland for some time, you could file an action in the county where they live and Maryland law would apply.
Re: Parental Rights
Alabama's standard for the narrow question that you asked is the same as Maryland's standard. Maryland law presumes that a child born in wedlock is the natural progeny of the wedded parents. If you have proof that you are a parent and are being denied access to your child then you should speak with an attorney. (410) 799-9002
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