Legal Question in Family Law in Pennsylvania
Hello,
I would greatly appreciate any help that you can provide me with.
My who has filed for divorce is seeking child support for two kids. My name is on their birth certificates but no paternity tests have been done. Due to the nature of our marriage, I would like to request that a paternity test is done on the 4 year old if I am going to be required to pay child support for him. I do not have a lawyer at the present time as this is my only issue. Would you please tell me - how can I request from the judge, etc. to order a paternity test? What do I have to do?
Look forward to your reply.
Ivan
1 Answer from Attorneys
Ivan,
Children born during an intact marriage are presumed to fathered by the husband. There are exceptions to the presumption, such as if you were in prison or away or military duty at the time of conception. Further, because the child whose paternity you wish to challenge is now 4 years old it would not be in the best interests of the child to allow you ask for a paternity test at this late date. Consider how you would explain to the 4 year old that the man she knows as dad doesn't think he is.
{John}
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