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}

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Answered on 10/01/09, 10:18 am


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