Legal Question in Family Law in Alabama
I am an unwed mother. My 4 month old son lives with me and has since birth. His father is on his birth certificate, but so far we have not gone to court to set up child support or visitation. Until I go to court, what are his rights? Could he legally take my son since he is on the birth certificate? Also, when we do go to court, what is the likelihood of him getting overnight or lengthy visitations since my son is so young?
1 Answer from Attorneys
He has no rights until you go to court. His being on the birth certificate makes him the "presumptive father" but no more. He cannot legally take your son. He will get overnight visitation with the child if he can show the court that he is a fit and proper person to have custody and that he can take care of the child. There is no presumption that a very young child should be with the mother. That is not the law.
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