Legal Question in Family Law in Pennsylvania

custody and child support

to make long story short i got pregnant with my son at 16, the father left me and moved on with his life. i married at a later time and had another child with my current husband of 8 years. my oldest son is 9 and knows of his biological father but does not know him. we have never recieved anything from him except some clothes last year. since my son was 1 my husband has taken care of him and my son even carries my husbands last name. my husband did not adopt my son but my husband does take full responsibility for my son in every way, he even provides him with health insurance. my sons biolgical father has 3 other kids now and has relocated to colorado. paternity has never been an issue for me i know he fathered my son, i just didnt put him on the birth certifivate since he was absent. my questions are can i take him for child support? if i do does my son have a say in wether he wants to visit him or not because he does not know him at all? the only reason i have not acted earlier is because i am afraid that he will be awarded visitation and my son will be upset and scared. can some one please give me some advice. tahnk you


Asked on 12/05/06, 10:44 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: custody and child support

If you bring a support action the opposing party will have the right to demand a paternity test. Assuming your claim is correct your child will be entitled to child support. However, as the father is in Colorado getting support out of him is not going to be as easy as it would be if he lived in Pennsylvania, however, its not impossible just more difficult.

As to the father getting visitation, he would have to come and file a separate action for custody in Pennsylvania. Something that will be difficult and expensive for him. The best news unlike some state Custody and support are usually separate actions. That is if you sue for child support he can't counter sue for visitation.

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

{John}

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Answered on 12/05/06, 10:55 am


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