Legal Question in Family Law in Pennsylvania

Complicated paternity question: A woman is married but separated from her husband. Ends up pregnant with another man's child. She is still married at the time the child is born, but is dating a different man, and is also not the child's father. The father is one of 2 or 3 possible other men. (Yes, I know, not the best lifestyle, but the situation is what it is) That child is now a year old and the divorce has been finalized. She is still with the man she was dating before the child was born. (And not the child's father)

My question is 1. By law, she is supposed to put the husband on the birth certificate even if it isn't his, correct? If so, and she decides she wants to go after the biological father for support, would she have to be the one to file to challenge the paternity since her husband was listed? Or would the husband have to challenge the paternity, or the alleged biological father?

2. If she decided to not name her husband on the birth certificate and left it blank (none of the other possible men are wanting to claim this child, so I know they weren't there when the child was born - the boyfriend of the woman was and he did not claim the child as his) would she be able to go after one of the other men to establish paternity even though she was married at the time of the child's birth?

3. Regardless of the answer for 1 or 2, and paternity of the child is finally correctly resolved, does the fact that she has another man acting as the child's father, supporting the child and getting ready to marry the mother have any baring on what, if any, support the biological father would pay?

1 Answer from Attorneys

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Pennsylvania

Looking for something else?