My question involves paternity law for the State of: PENNSYLVANIA
CHILD IN QUESTION IS NOW 8 YEARS OLD. SHE WAS BORN DURING MARRIAGE BUT IS NOT A PRODUCT OF THE MARRIAGE. BIO FATHER WAS AWARE OF MOTHER BEING MARRIED. APPROX 8 WEEKS AFTER THE BIRTH OF THE CHILD, MOTHER STILL HAD NOT RECEIVED BIRTH CERTIFICATE. SHE CONTACTED VITAL STATISTICS WHO SENT A SINGLE PAPER FOR HER TO FILL OUT. STANDARD FORM. SHE LISTED BIO FATHER ON THIS PAPERWORK AND SENT IT IN. WITHIN 4 WEEKS, SHE RECEIVED BIRTH CERTIFICATE WITH BIO FATHERS NAME LISTED. AT THIS POINT, MOTHER ALREADY HAD AN EXISTING CHILD SUPPORT WITH HER HUSBAND FOR THEIR OLDER TWO KIDS WHO BIOLOGICALLY BELONG TO HUSBAND AND WITHIN TWO WEEKS OF THE NEW CHILDS BIRTH, THAT CHILD WAS ADDED ON TO THE CHILD SUPPORT ORDER EVEN THOUGH THE HUSBAND WAS NOT THE BIOLOGICAL FATHER OF THIS CHILD AND BIO FATHERS NAME WAS ON BIRTH CERT. HUSBAND HAS NEVER CONTESTED PAYING SUPPORT FOR THE CHILD WHO IS NOT BIOLOGICALLY HIS.THREE YEARS LATER, MOTHER DIVORCES HER HUSBAND BUT HE CONTINUES PAYING SUPPORT FOR ALL THREE KIDS, AGAIN NEVER CONTESTING THE 3RD CHILD. CHILD HAS A RELATIONSHIP WITH BIO FATHER AS WELL AS MOTHERS NOW EX HUSBAND. BIO FATHER HAS NEVER FINANCIALLY SUPPORTED THE CHILD. MOTHER ATTEMPTED TO FILE FOR CHILD SUPPORT AGAINST BIO FATHER, THINKING THE CHILD WOULD BE REMOVED FROM THE EX HUSBANDS CASE ONCE SHE FILED. DOMESTIC RELATIONS HAS INFORMED HER THAT SHE CANNOT FILE FOR SUPPORT AGAINST BIO FATHER BECAUSE HER EX HUSBAND IS LEGALLY THE CHILDS FATHER, REGARDLESS OF THE FACT THAT BIO FATHERS NAME IS ON BIRTH CERT. THEY INFORMED HER THAT BECAUSE HER EX HUSBAND NEVER CONTESTED PAYING SUPPORT FOR THE CHILD WHO WAS BORN DURING THE MARRIAGE, THAT HE BASICALLY ACKNOWLEDGE BEING HER FATHER. BIO FATHER IS ALSO ATTEMPTING TO SUE FOR CUSTODY OF THE CHILD BUT IF BIO FATHER HAS NO RESPONSIBILITY TO PAY CHILD SUPPORT, THEN HE SHOULDNT HAVE THE RIGHT TO CUSTODY EITHER SO MOTHER THINKS THE CUSTODY SUIT WILL BE DISMISSED. DOMESTIC RELATIONS INFORMED MOTHER THAT JUDGE MIGHT NOT ORDER A DNA TEST AND EX HUSBAND WILL PROBABLY BE HELD LEGALLY RESPONSIBLE FOR THE CHILD, REGARDLESS OF BIO FATHERS WISHES AND HIS NAME APPEARING ON BIRTH CERT. IS THIS CORRECT? WHO HAS LEGAL RIGHTS AND RESPONSIBILITIES TO THE CHILD AT THIS POINT? EX HUSBAND KNEW THE CHILD WAS NOT HIS PRIOR TO THE BIRTH.
CHILD IN QUESTION IS NOW 8 YEARS OLD. SHE WAS BORN DURING MARRIAGE BUT IS NOT A PRODUCT OF THE MARRIAGE. BIO FATHER WAS AWARE OF MOTHER BEING MARRIED. APPROX 8 WEEKS AFTER THE BIRTH OF THE CHILD, MOTHER STILL HAD NOT RECEIVED BIRTH CERTIFICATE. SHE CONTACTED VITAL STATISTICS WHO SENT A SINGLE PAPER FOR HER TO FILL OUT. STANDARD FORM. SHE LISTED BIO FATHER ON THIS PAPERWORK AND SENT IT IN. WITHIN 4 WEEKS, SHE RECEIVED BIRTH CERTIFICATE WITH BIO FATHERS NAME LISTED. AT THIS POINT, MOTHER ALREADY HAD AN EXISTING CHILD SUPPORT WITH HER HUSBAND FOR THEIR OLDER TWO KIDS WHO BIOLOGICALLY BELONG TO HUSBAND AND WITHIN TWO WEEKS OF THE NEW CHILDS BIRTH, THAT CHILD WAS ADDED ON TO THE CHILD SUPPORT ORDER EVEN THOUGH THE HUSBAND WAS NOT THE BIOLOGICAL FATHER OF THIS CHILD AND BIO FATHERS NAME WAS ON BIRTH CERT. HUSBAND HAS NEVER CONTESTED PAYING SUPPORT FOR THE CHILD WHO IS NOT BIOLOGICALLY HIS.THREE YEARS LATER, MOTHER DIVORCES HER HUSBAND BUT HE CONTINUES PAYING SUPPORT FOR ALL THREE KIDS, AGAIN NEVER CONTESTING THE 3RD CHILD. CHILD HAS A RELATIONSHIP WITH BIO FATHER AS WELL AS MOTHERS NOW EX HUSBAND. BIO FATHER HAS NEVER FINANCIALLY SUPPORTED THE CHILD. MOTHER ATTEMPTED TO FILE FOR CHILD SUPPORT AGAINST BIO FATHER, THINKING THE CHILD WOULD BE REMOVED FROM THE EX HUSBANDS CASE ONCE SHE FILED. DOMESTIC RELATIONS HAS INFORMED HER THAT SHE CANNOT FILE FOR SUPPORT AGAINST BIO FATHER BECAUSE HER EX HUSBAND IS LEGALLY THE CHILDS FATHER, REGARDLESS OF THE FACT THAT BIO FATHERS NAME IS ON BIRTH CERT. THEY INFORMED HER THAT BECAUSE HER EX HUSBAND NEVER CONTESTED PAYING SUPPORT FOR THE CHILD WHO WAS BORN DURING THE MARRIAGE, THAT HE BASICALLY ACKNOWLEDGE BEING HER FATHER. BIO FATHER IS ALSO ATTEMPTING TO SUE FOR CUSTODY OF THE CHILD BUT IF BIO FATHER HAS NO RESPONSIBILITY TO PAY CHILD SUPPORT, THEN HE SHOULDNT HAVE THE RIGHT TO CUSTODY EITHER SO MOTHER THINKS THE CUSTODY SUIT WILL BE DISMISSED. DOMESTIC RELATIONS INFORMED MOTHER THAT JUDGE MIGHT NOT ORDER A DNA TEST AND EX HUSBAND WILL PROBABLY BE HELD LEGALLY RESPONSIBLE FOR THE CHILD, REGARDLESS OF BIO FATHERS WISHES AND HIS NAME APPEARING ON BIRTH CERT. IS THIS CORRECT? WHO HAS LEGAL RIGHTS AND RESPONSIBILITIES TO THE CHILD AT THIS POINT? EX HUSBAND KNEW THE CHILD WAS NOT HIS PRIOR TO THE BIRTH.
Presumption of Paternity: Pennsylvania: Bio Father vs Legal Father
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