Legal Question in Family Law in Pennsylvania

Re: Child custody

There is a presumption that the father a child born to an intact marriage is the husband. The possible exceptions to the presumption are: if you were away either in the military or in prison or that you are physically incapable of fathering a child.

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

{John}

Re: Child custody

You asked if you could maintain custody of a child even though you are not the actual birth father.

The main concern of the courts is the best interests of the child. A child born to an intact marriage is legally presumed to be the natural child of the spouse. This isn't for the benefit of anyone other than the child.

No one may make the argument that you are not the child's father except you. This is a key argument in the law of custody. This promotes the interests of the child by ensuring that a child has two care providers. Even in such a situation if you should deny paternity you would be unable to do so unless the birth father was affirmatively identified. In other words, you couldn't just say "i'm not the father." You would not be able to get out of that role until someone else was placed into that role.

More importantly in your situation. If the relationship goes South, this cannot be used as a bargaining chip in the negotiations.

I hope you can work things out.

Good luck.

Regards,

Roger