How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask A.D. Barnett Your Own Question

A.D. Barnett
A.D. Barnett, Lawyer
Category: Family Law
Satisfied Customers: 414
Experience:  Attorney since 1994, experienced Divorce Attorney, Child's Attorney, Adoption, Guardian ad Litem
Type Your Family Law Question Here...
A.D. Barnett is online now
A new question is answered every 9 seconds

last year me andmy husband were seperated i lived in alabama

Customer Question

last year me andmy husband were seperated i lived in alabama and he lived in oklahoma,i got pregnant bu this guy at work,well he told me he didnt want the child i got back together with my husband,he is on the birth certificate,now i have filed a paternity suit for child support from this guy,and i just got his response back asking for a dissmissal due to the fact that i mislead the court in that i didnt mention i was married at the time of conception,is this gonna hurt my case? will the judge order paternity test or just throw it out? and could the judge order that since i am married and the child is being supported that the bio father is off the hook?
Submitted: 5 years ago.
Category: Family Law
Expert:  A.D. Barnett replied 5 years ago.
Good morning!

Did your husband sign an acknowledgment of paternity? Is he listed as the father on the birth certificate?


Customer: replied 5 years ago.
yes,but i want the bio father to be involved in her life
Expert:  A.D. Barnett replied 5 years ago.
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
of:
(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
proof.

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!
______________________________________


Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises ; (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Customer: replied 5 years ago.
ok but what if i have copies of lab results staiting that my husband is sterile?
Expert:  A.D. Barnett replied 5 years ago.
I know this sounds insane, but I'm skeptical it will matter. Paternity is the legal relationship between a man and a child. Your husband established that legal relationship when he signed the AOP. Alabama, like many states, has laws that reflect there is much more to a father than biology, and if a man signs up to be a child's father, that is not easily undone. If your husband is sterile, and wasn't around you at the time of conception, that's all the more evidence that he intended to take the role of father in your child's life. I wish I could be more hopeful, but I think we're at a point where biology is the least of the issue.

I'm sorry.... I wish the law could be more helpful in this situation, but I'm stuck with the rules on the books. You are in a position where you need a skilled, experienced attorney to review your entire situation in detail to see if there is a way to get around what has been done. I wish you and your family the best of luck!
Customer: replied 5 years ago.
this was nothelpful at all
Expert:  A.D. Barnett replied 5 years ago.
Sorry. It would be much easier to tell you what you want to hear, but all I can do is to try and give you accurate information. You don't have to click ACCEPT and I'll opt out so you can get a second opinion.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney