Legal Question in Family Law in Pennsylvania

Child Born during a marriage but husband not the father

My boyfriend has been divorced since May,1998. They were married in 06/92, the daughter was born 10/92. The son was born 5/95. He has been paying child support for both kids since the divorce. His ex is not allowing him to see them and has recently told him that the daughter is not even his child. Can he request a DNA test and if it comes back that he is not the biological father can he request to no longer pay child support for the daughter? I'm asking this because if it won't make any difference if he isn't the biological father than he doesn't want the daughter to think he doesn't love her. Its just that his ex is a real bit-- and has been putting things in the daughters (shes 10) head so that most the time the daughter won't even talk to him on the phone when his ex allows the children to talk on the phone. He is currently in the process of filing contempt charges because she is violating the custody order and doesn't want to ask his attorney in case the attorney might think he doesn't want to see both children.


Asked on 6/19/02, 11:20 pm

2 Answers from Attorneys
Laura D. Heard Law Office of Laura D. Heard

Re: Child Born during a marriage but husband not the father

It is very important for him to discuss this with his attorney. If the mother is telling the child that your boyfriend is not the child's father, then a DNA test will clear up that question. Then, if he is the father, he can tell the child that with certainty. If he is not the father and can prove it in court, he may be able to get an order stopping child support but he will also have no more right to visit the child. Just having the DNA test done should not be interpreted to mean that he doesn't want to see the child if the DNA proves the child is his.

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Answered on 6/26/02, 12:39 am
Brandon Manus Manus Law Office

Re: Child Born during a marriage but husband not the father

You should ask your attorney for advice regarding this. Tell the attorney why you want to have the DNA test done. It will affect how he is handling your boyfriend's case.

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Answered on 6/20/02, 10:50 am


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