Thomas v. State ex rel. Williams

EDWARD N. SCRUGGS, Retired Circuit Judge.

Originally, this was an action for child support, but, since the defendant denied that he was the father of the child, the primary aspect of the litigation arises under the Alabama Uniform Parentage Act (A.U.P.A.), §§ 26-17-1 through -21, Ala. Code (1975) (1986 Repl.Vol.), to determine the existence of the father and child relationship. The child was slightly over five years of age when the case was commenced.

The' defendant moved to dismiss this action on the ground that the statute of limitations as contained in § 26-17-6(c) is unconstitutional and…