Legal Question in Family Law in Pennsylvania

Re: Child custody

You asked about the rights of a biological father.

What you described could be a very ugly fight. There is more leeway because the acknowledged parents were not married. (A child born to a married couple is conclusively a child of the union.) But still a birth certificate is presumptive. The goal of the law is that a child have two parents and preferably parents that are in a committed relationship. PA does not have strong rights for a biological father the demand a paternity test.

As I said, this could be an ugly fight and most likely will not result in a change in the birth certificate. It has a small chance of allowing the biological father visitation or even partial custody rights.

Though, if either the mother or acknowledged father were found to be unfit parents the biological father's rights may be easier to prosecute.

Essentially, if this comes down to a battle it will be a competition to see who can spend more money on a legal fight. The best route is to approach the parents and see if there is a way to reach a mutually satisfactory solution. Remember, the best interests of the child is of paramount import.

It would be better for the child to have three people to give the child love and support rather than have three people fighting over who has the right to give the child love and support. Come to a reasonable solution and cherish the child.

Congratulations and good luck.

Regards,

Roger