Paternity deception hurts everyone involved.  God bless the men out there who are willing to step in and take the place of an absent father.  Without getting into the science, there are those who hold the opinion that the act of caring and providing for the children of another is not a natural act for a man.  However, that is not what this is about.

In Mobile County, Alabama, as with every other county in the United States, there are cases in which mothers deceived decent, honest men regarding the paternity of their children.  Especially in the instances when the couples were married, these men did the right thing as it was known to them.  They raised children to the best of their ability, worked hard, and loved their kids.

As you might imagine, some of these marriages end in divorce, with custody, visitation, and child support orders coming from the Court regarding the children.  Later, as it often does, the truth reveals itself.  What do you do?

Under Alabama Law § 26-17A-1, Dads who have scientific proof that they are not the father of a particular child may sever that legal relationship.  Alabama law does not require men to support or otherwise have a legal relationship with children that are not genetically related to them.  This law does not apply to cases of adoption.

Severing the father-child relationship is not automatic and requires Court action.  The Courts must balance the best interests of the child with the rights bestowed on the father by the Alabama Legislature.  One of the keys to taking advantage of the law is timely action.  If you are a Dad who, for all the right reasons, agreed with a Mother to assume parentage of a child you knew not to be genetically yours and took on parenting that child over several years, the Court may rule that you, by your actions, have precluded yourself from the law’s protection.

Making the decision to dissolve these bonds may be one of the most difficult decisions a man can face.  Don’t go it alone.  Paternity deception is a real problem and each case is different.  Discuss your options with an attorney and proceed with caution.  I hope you will consider McBay Law.  There’s a lot at stake.

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