Paternity is not fair for the genders. Women are typically awarded custody of the child while some men can contest paternity and the financial and legal obligations that come with raising a child. A new bill in Alabama, the Good Dad Act, would encourage men to voluntarily step up as fathers by granting them certain custody rights.
The “Good Dad Act” would give certain custody rights to unmarried fathers who acknowledge they are the father of a child. If the father lives within 40 miles of their child, they would be entitled to shared custody of the child. However, the custody rights would not apply if the father is violent to the child or the mother. Family courts would be required to consider joint custody as the best option for a child unless there is a compelling reason.
The bill would make it easier for unmarried fathers to have shared custody by establishing that fathers have equal rights with mothers. Both parents would also have to be notified if a child is being permanently moved from the state.
The Good Dad Act is expected to be discussed in February 2025.
How Is a Child’s Paternity Established?
Paternity can be established in one of several ways:
- The man is the registered father on the birth certificate.
- The man is married to the mother of the child.
- A man voluntarily acknowledges the child as his own.
The goal of the Good Dad Act is to promote men who want to volunteer to be a child’s father rather than engage in a lengthy battle over paternity.
What if There Is a Custody Battle Between Unmarried Parents?
If more than one man claims to be the father of the child and they are not the mother’s husband, paternity is typically established by the child’s best interests.
Potential factors the court may consider when resolving paternity contests include but are not limited to:
- The safety and well-being of the child
- The child’s preference if the child is old enough to express one
- The age and gender of the child
- The parents’ ability to cooperate and the agreements they have reached in the proposed parenting plan
- Each parent’s ability to provide for the child’s physical, social, emotional and educational needs
- The relationship between each parent and the child
- Each parent’s willingness to encourage a relationship between the child and the other parent
- Each parent’s mental and physical health
In general, the child’s best interest is presumed to be in the best interests of a child to spend equal time with both of their parents. Joint physical and legal custody is often presumed to be in the child’s best interests unless there is evidence that joint custody would not be beneficial to a child, such as if one of the parents are abusive.
Do I Need a Lawyer for My Family Law Issue?
If you have difficulty seeing your child as the holidays approach, you should contact a family lawyer today. A skilled family lawyer can answer your questions, provide guidance on your case, and represent your best interests in court.
