I understand, but I'm afraid there's a problem.
The fact that you were married at the time the child was conceived creates a presumption of paternity
for your husband right there. The fact that he signed an acknowledgment of paternity (or AOP) makes things very complicated. Once that AOP is signed, here's what Alabama law says:
SECTION 26-17-307. PROCEEDING FOR RESCISSION. A signatory may rescind an
acknowledgment of paternity only in a judicial proceeding before the earlier
(1) sixty days after the effective date of the acknowledgment, as provided
in Section 26-17-304; or
(2) the date of the first hearing, in a proceeding to which the signatory
is a party, before a court to adjudicate an issue relating to the child,
including a proceeding that establishes support.
Obviously, 60 days has come and gone, so that's out. After the 60 days:
SECTION 26-17-308. CHALLENGE AFTER EXPIRATION OF PERIOD FOR RESCISSION.
(a) After the period for rescission under Section 26-17-307 has expired, a
signatory of an acknowledgment of paternity may commence a proceeding to
challenge the acknowledgment only:
(1) on the basis of fraud, duress, or material mistake of fact; or
(2) in the same manner as provided in Section 26-17A-1.
(b) A party challenging an acknowledgment of paternity has the burden of
And Section 26-17A-1 probably doesn't apply because that takes place when someone is adjudicated a father and that person later presents scientific evidence that they aren't.
Establishing fraud, duress, or material mistake of fact isn't as easy as it should be, either. It should be clear that anyone who signs an AOP relying on assurances from the mother
that it could *only* be his child would be either the victim of fraud or there was a big mistake made, but that generally isn't enough to meet that standard.
So, I'm afraid the judge may very well rule that your husband is the father. It is very dangerous to sign an AOP because they are very binding, and I caution men not to sign one unless (a) they have already had a DNA test or (b) they don't care about blood ties and want to be the father.
So, if you don't have an attorney, you probably need to get one, because (IMHO) he is raising a very valid defense.
I'm terribly sorry to be the bearer of potentially bad news, but I hope this information was helpful!
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