Legal Question in Family Law in Pennsylvania

Re: biological fathers rights

If the child was born of an intact marriage then there is a presumption that absent your husband being away in the military or in jail or physically incapable of fathering children that he is the father. This presumption is irrebuttable, that is even a DNA test showing that he is not the father doesn't overcome the presumption. So he is considered the biological father and would have rights to seek custody.

Of course if he doesn't get custody he has to pay child support.

As for the real father he has no rights to the child.

Now if 12 months ago you were not in an intact marriage then there is no presumption on your husband being the child's father.

If you have any questions feel free to contact me, the initial consultation is free.

{John}