Legal Question in Family Law in Pennsylvania
Birth father's name not on birth certificate
My son's birth father and I are married however we are going through a divorce. His father has never been on the birth certificate. And now that we are going through the divorce I am wondering if the father has any legal rights to his son. His father is not a citizen of the U.S. and has no legal papers to be over here in the U.S. Please someone help me or give me advice.
1 Answer from Attorneys
Re: Birth father's name not on birth certificate
If your child was born during your marriage, it is presumed to be the child of the marriage, and his child, regardless of the birth certificate. If born before the marriage, and he has been acting as the child's father, he can be presumed to be "in Loco Parentis" with the child, meaning he is the father by his actions. The Courts prefer to have a father involved in the child's life, and if the above conditions are met, he would have rights with respect to partial custody and visitation of the child.
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