J.W.O. v. C.A.P.

I am constrained to concur with Judge Crawley’s dissent because the law is clear that one claiming to be the father of a child born during the mother’s marriage to another man has no standing to institute an action either to declare paternity, or to attempt to rebut the legal presumption that serves to protect the child and the integrity of the family unit. Ala.Code 1975, §§ 26-17-5 and 26-17-6; Ex parte Presse, 554 So.2d 406 (Ala.1989); see also Michael H. v. Gerald D., 491 U.S. 110, 109 S.Ct. 2333, 105 L.Ed.2d 91 (1989). I am compelled, however, to comment on some of my concerns regarding…