Legal Question in Family Law in Pennsylvania

Who has the right to have custody of a child
My husband's ex girlfriend past away in February. In mid July we got a phone call from her sister telling us that she read her sisters diary and discovered she questioned the paternity of her 4 year old soon to 5 year old son. We were told the man named father was granted custody as of August 1st. We got a paternity test and my husband was found to be the biological father. We are now trying to do the right thing and eventually have this child live with us and our two sons when he feels comfortable with us. My husband never thought the child was his because he was told the timing didn't work out. The child was concived one night after they were broken up. My question is ... does this other man have a chance of winning custody since his name is on the birth certificate even though we have DNA proof he is not the biological father? This man also has not seen the child in over 2 months. The childs grandfather has had costody of the child since the passing of his mother. We live in New Jersey very close to Philadelphia, everyone else lives in Philadelphia.

Asked on 7/27/07, 3:17 pm

Gary Moore Gary Moore Attorney At Law

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Re: Who has the right to have custody of a child

You have the right to custody of the child. The custody complaint must be filed in the state where the child lives.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Answered on 7/27/07, 3:51 pm

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