Legal Question in Family Law in Alabama

I am a single parent. My daughter has her father's last name and his name is on her birth certificate. He is currently offering no financial support whatsoever. He lives in Kentucky and I live in Alabama. We will most likely never be a couple again. I would like to request sole custody of my daughter, but I don't want to restrict his visitation rights in any way, nor am I seeking any type of financial compensation. I simply want to ensure that my daughter's interests will never be jeopardized by the status of our relationship. What guidance can you provide me in this situation?


Asked on 10/02/09, 11:47 am

1 Answer from Attorneys

Mari Morrison Mari Morrison

I am speculating that you were never married? If that is correct, the next step is, did he ever take a blood test to be determined legally to be the father? This is regardless of whether his name is on the birth certificate or not. If he has not, then he is not the legal father and has no rights unless he goes to court and petitions the court for paternity. On the other hand, should he die, your child is not entitled to social security benefits from her father nor is she entitled to any inheritance. The fact that he has never supported her is another issue. You could take him to court over that issue and obtain child support, and he would be awarded some limited visitation. You can go back two years from the date of the filing for support and obtain retroactive child support. Hopefully I have answered all of your questions and if I can be of assistance, please contact me through the telephone number of my web site or email.

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Answered on 10/07/09, 7:05 pm


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