R.W. v. T.J.

Summary

The Alabama Supreme Court considers T.J.’s petition for a writ of mandamus concerning presumed paternity under the Alabama Uniform Parentage Act. The court holds that a man need not be the biological father to present evidence supporting presumed-father status under Ala. Code § 26-17-204(a)(5), which focuses on the parent-child relationship. The court denies the petition with instructions because the evidentiary record was incomplete, directing the juvenile court to determine whether T.J. established the statutory relationship and, if so, to vacate the genetic-testing order.

Holdings

1. A man does not lose the ability to establish presumed-father status under § 26-17-204(a)(5) merely because he may not be the child's biological father. The presumption is based on the man's relationship with the child, including receiving the child into his home, openly holding the child out as his natural child, and establishing a significant parental relationship through emotional and financial support.
2. T.J. established a clear legal right to proceed under § 26-17-204(a)(5), but the Supreme Court could not determine on the incomplete record whether he had presented sufficient evidence to establish presumed-father status. The juvenile court therefore had to make that factual determination.

Questions Presented

1. Whether a man may qualify as a presumed father under Ala. Code § 26-17-204(a)(5) even if evidence suggests that he may not be the child's biological father.
2. Whether the Supreme Court could order the juvenile court to adjudicate T.J. the presumed father and vacate the genetic-testing order without a complete record of the evidence concerning T.J.'s relationship with the child.

Disposition

writ_denied