Legal Question in Family Law in Pennsylvania
i have a 15 month old son who was concieved outside of my marriage. He shares my husbands last name, and my husband is on his birth certificate as his father. Can i take his biological father for child support?
Asked on 9/25/09, 7:29 pm
1 Answer from Attorneys
John Davidson
Law Office of John A. Davidson
A child is born during an intact marriage is presumed to be the husband's. While you may be able to prove that the child has a different father you would have to prove to the court to ignore the presumption of husband's paternity. That would be difficult at best.Further, if you potential face a custody contest as the real father might seek either partial or full custody.
I would not recommend seeking child support.
{John}
Answered on 10/01/09, 10:18 am