Legal Question in Family Law in Alabama

Is common law in effect in alabama if she did'nt take my name? we share a child.


Asked on 10/13/09, 8:10 pm

1 Answer from Attorneys

Mari Morrison Mari Morrison

Yes it is in effect but the burden of proof is, did either you or she hold yourself out to the public as married. Did you file income tax together and claim to be husband and wife? Have you tried to purchase anything together and claim to be husband and wife. Now as to sharing a child, one of you is going to pay child support ultimately. The child is not yours legally until you file a paternity action and only thru that will you have rights of visitation legally. I would suggest you look into this because otherwise, you might wind up sometime in the future owing two years back child support at 12 percent interest a year. They can go back two years. If I can assist you, please visit my web site and contact me either thru email or my telephone number.

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Answered on 10/18/09, 9:37 pm


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