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10 Alabama opinions name it 2 courts 1904–2016 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ex Parte Pressegreen2 sentences2016Put another way, so long as the presumed father persists in maintaining his paternal status, not even the subsequent marriage of the child’s mother to another man can create standing in the other man to challenge the presumed father’s parental relationship.” Ex parte Presse, 554 So.2d 406, 418 (Ala. 1989); § 26-17-607(a), Ala. Code 1975 (“If the presumed father persists in his status as the legal father of a child, neither the mother nor any other individual may maintain an action to disprove paternity.”). • The Alabama Comment to § 26-17-607 indicates that “[sjubsection (a) follows Ex parte P 2016Put another way, so long as the presumed father persists in maintaining his paternal status, not even the subsequent marriage of the child’s mother to another man can create standing in the other man to challenge the presumed father’s parental relationship.” Ex parte Presse, 554 So.2d 406, 418 (Ala. 1989); § 26-17-607(a), Ala. Code 1975 (“If the presumed father persists in his status as the legal father of a child, neither the mother nor any other individual may maintain an action to disprove paternity.”). • The Alabama Comment to § 26-17-607 indicates that “[sjubsection (a) follows Ex parte P | 4 | 8 |
Hooten v. Hootengreen2 sentences2013See former § 26-17-6(a) [now § 26-17-607(a) ] and Ex parte Presse, 554 So.2d 406, 418 (Ala.1989) (‘[S]o long as the presumed father persists in maintaining his paternal status, not even the subsequent marriage of the child’s mother to another man can create standing in the other man to challenge the presumed father’s parental relationship.’); see also Hooten v. Hooten, 754 So.2d 634, 635 (Ala.Civ.App.1999) (‘Our supreme court has held that no one, including the mother of the child, has standing to challenge a presumed father’s paternity as long as the presumed father persists in claiming pater 2010See former § 26-17-6(a) and Ex parte Presse, 554 So.2d 406, 418 (Ala.1989) (“[S]o long as the presumed father persists in maintaining his paternal status, not even the subsequent marriage of the child’s mother to another man can create standing in the other man to challenge the presumed father’s parental relationship.”); see also Hooten v. Hooten, 754 So.2d 634, 635 (Ala.Civ.App.1999) (“Our supreme court has held that no one, including the mother of the child, has standing to challenge a presumed father’s paternity as long as the presumed father persists in claiming paternity of the child.”). | 2 | 2 |
R.W. v. T.J.green1 sentence2016Put another way, so long as the presumed father persists in maintaining his paternal status, not even the subsequent marriage of the child’s mother to another man can create standing in the other man to challenge the presumed father’s parental relationship.” Ex parte Presse, 554 So.2d 406, 418 (Ala. 1989); § 26-17-607(a), Ala. Code 1975 (“If the presumed father persists in his status as the legal father of a child, neither the mother nor any other individual may maintain an action to disprove paternity.”). • The Alabama Comment to § 26-17-607 indicates that “[sjubsection (a) follows Ex parte P | 1 | 1 |
Baker v. Kennedygreen1 sentence2013See former § 26-17-6(a) [now § 26-17-607(a) ] and Ex parte Presse, 554 So.2d 406, 418 (Ala.1989) (‘[S]o long as the presumed father persists in maintaining his paternal status, not even the subsequent marriage of the child’s mother to another man can create standing in the other man to challenge the presumed father’s parental relationship.’); see also Hooten v. Hooten, 754 So.2d 634, 635 (Ala.Civ.App.1999) (‘Our supreme court has held that no one, including the mother of the child, has standing to challenge a presumed father’s paternity as long as the presumed father persists in claiming pater | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Michael H. v. Gerald D.
green
2 sentences2016Accordingly, our law not only adheres to the general rule that a child with a ‘presumed father’ may not be declared illegitimate by our courts, it protects both children and de facto fathers in preserving established parent-child relationships.” The United States Supreme Court recognized that one purpose behind the strong presumption of paternity under the common law is “the interest in promoting the ‘peace and tranquillity of States and families,’ ... a goal that is obviously impaired by facilitating suits against husband and wife asserting that their children are illegitimate.” Michael H. v. 2016Accordingly, our law not only adheres to the general rule that a child with a ‘presumed father’ may not be declared illegitimate by our courts, it protects both children and de facto fathers in preserving established parent-child relationships.” The United States Supreme Court recognized that one purpose behind the strong presumption of paternity under the common law is “the interest in promoting the ‘peace and tranquillity of States and families,’ ... a goal that is obviously impaired by facilitating suits against husband and wife asserting that their children are illegitimate.” Michael H. v. | 1 | 2016–2016 |
Ex Parte CAP
green
2 sentences2005Put another way, so long as the presumed father persists in maintaining his parental status, not even the subsequent marriage of the child's mother to another man can create standing in the other man to challenge the presumed father's parental relationship.'" Ex parte C.A.P., 683 So.2d at 1011 -12 (quoting Ex parte Presse, 554 So.2d 406, 418 (Ala.1989)) (emphasis added). 2005In Ex parte C.A.P., the supreme court further stated that an unwed father's interest in establishing paternity is outweighed by "the obvious objectives of the Alabama Uniform Parentage Act, which are to provide for the psychological stability and general welfare of the child and to afford legitimacy to children whenever possible." Ex parte C.A.P., 683 So.2d at 1012 . | 1 | 2005–2005 |
Crutchfield's Heirs v. Hudson
green
1 sentence1926"To be a privy to another, a man must claim by or under that other by blood, as heir, by representation, as executor, or by contract, as vendee, assignee, and the like; and a privy must come after him to whom he is privy, and never precedes." Crutchfield's Heirs v. Hudson, 23 Ala. 393 , 400 . | 1 | 1926–1926 |
Weis v. Levy
green
1 sentence1904So that, although a man may claim at one time a certain fund as exempt, yet upon another levy or garnishment, if he has used up that amount, he can make another claim. — Weis v. Levy, 69 Ala. 209 . | 1 | 1904–1904 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.