Legal Question in Family Law in Pennsylvania

DNA Testing & Responsibility of Father

My son has just found out that a girl he dated has just had a baby & said that it's his - he's 29. He does not believe that it is, however she has told him whether or not he gets a DNA test done, he is responsible for paying child support if she indicates that he's the father - she doesn't work nor does she plan to. What legal responsibility or recourse does he have in this situation? He has no money whatsoever to pay child support as he can barely support himself, has no license or vehicle and tries to work as much as he can without transportation - there is no public transportation in the small town he lives in. He has a child with another woman, proven through DNA & tries to support her as much as he can. That woman's husband is trying to get custody of my son's daughter & their other children as the mother is unfit. My son was told he won't be able to see his child any more unless he files for custody. He has no money to do this and no child care for when he's working. He lives at a good distance from me and I can not provide child care or financial support as I am widowed and living very sparingly myself. Are there legal representatives that do not charge where he can get answers/assistance for both situations? Thank you!


Asked on 3/18/05, 10:28 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: DNA Testing & Responsibility of Father

Your son should contact legal aid. They do handle family law cases for low income individuals. As to the new child, without paternity tests, if he does not acknowledge that he is the father he is not liable for support. However, if she goes onto welfare, the government will petition for the paternity test to try and get something from him. As to the first child a biological parent has a very strong case for custody over any non-biological parent. He would need to show that he is not a danger to the child and that he has the basic skill set necessary to provide for the child's needs (He can feed, dress them etc.)

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Answered on 3/18/05, 10:42 am


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