Legal Question in Family Law in Pennsylvania

Re: dna testing

There is a possibility that the father can request such a test, and the circumstances of the situation will bear out whether the test will be ordered. Even if you do not pose a claim of paternity, the claim is not yours alone to make. Child support is for the benefit of the child and the claim is the child's to make. Since it is obvious that the child cannot puruse such a claim then that claim falls to the parents or custodial parent.

For a number of reasons I would recommend establishing paternity and setting out a custody agreement specifically including a request or denial of support. Were I counseling either side this is prudent. In your case you want to not only establish that you are the custodial parent and the father is the non-custodial parent but also that you, at this time, agree that he will or will not have visitation. More importantly you want to establish a baseline for a child support order.

Think of this as an insurance policy. Should something happen to the you, then the child has someone who can immediately step into the role of parent without placing the child into the state's custody (which you never want). You can even paper over (dictate exact instructions) what you want the father to do should something happen to you. Any other wishes may be subject to hearings which place the child in uncertain status.

Then think about what happens if you lose your means of support. If you have an order of support, even if it says there is no obligation currently, then the issue would only need to be opened and re-examined later rather than have a whole drawn out process.

Again, go ahead with the test. You can seal it up with an agreement that the father will have no relationship with the father unless the child chooses to do so, but at least you have things established beforehand.

You're having a child and that entails alot of responsibility on you to plan and prepare for the child's future. For good or bad. Like it or not, this man is the child's father. Speak with an attorney and get an estate plan drawn up in addition to having this matter dealt with in a legalistic manner.

Of, I would be happy to discuss this matter with you further. you may contact me at [email protected].

Good luck and congratulations.

Regards,

Roger Traversa

[email protected]

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