Legal Question in Family Law in Pennsylvania

Re: Custody and Paternity Rights

The rule is there is an irrebuttable presumption that a child born when there is an intact marriage that the husband is the father.

Generally its almost impossible to defeat this presumption even with a DNA test.

Besides, assuming the biological dad asserted his parental rights and was successful. He would then be on the hook for child support. That alone usually is enough to discourage such actions.

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

{John}

Re: Custody and Paternity Rights

This is an interesting question. In the case of Strauser v. Stahr, the Pennsylvania Supreme Court upheld the presumption in a case where the biological father (99.99% probability) sought custody under the same circumstances. However there was a dissent and I confess that the dissent made more sense to me. One dissent was that the legislature had overruled the presumption by statute, the Uniform Act on Blood Tests to Determine Paternity. The other dissent was less technical and indicated a view that the actual father should have some parental rights.