Legal Question in Family Law in Pennsylvania
Can he still come back?
I am expecting a baby in July. The biological father is presently incarcerated and has put me through domestic and verbal abuse untill I left him very early in the pregnancy. My doctors know about this and my father has herd many of the harassing phone calls. I have a fiance now and we will marry in early June before the baby is born. I will put him on the baby's birth certificate and give him fiance's last name. Say biological father finds us someday, can he sue for paternity and custody/visitation? How easily is it for a man who has no job, lives off his girlfriend's money and lives in his parents dirty, dilapidated house to get 50/50 custody of a baby or small child if you were never married?
1 Answer from Attorneys
Re: Can he still come back?
Yes, the father of the child could petition for custody or visitation rights to the child. He has "standing", or the right to do so, due to the fact that he is the biological father.
It is difficult to answer the second part of your question regarding his chances of obtaining custody rights without more information about your situation. It would depend upon many factors. In addition, you may wish to consider a termination of his rights and adoption by your fiance as a permanent alternative, if the facts of your case would allow it.
I urge you to obtain an evaluation of your situation from an attorney. If you wish to discuss this with me, you may call my office at (215) 444-0445.
I wish you the best.
Ilene Young, Esquire/ Civil & Family Practice
Bucks, Montgomery, and Philadelphia Offices
215-444-0445
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
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