Legal Question in Family Law in Pennsylvania

My husband of 5 years together for 14yr recently left for another women. We have two children. He was not a good father, ex. my daughter has type 1 diabetes and he has never even given her a shot, or learned about diabetes. He played video games or poker or watched tv about 10 hours a day when he got home from work. Never helped out with kids, or around the house ect... There was a time 8 years ago we were not married and broke up. I met someone else and we were intimate. I got back together with my husband, and shortly after found out I was pregnant. There is a possibility my husband is not the father of my oldest child. My husband does not want to much to do with his kids as it is. He doesn't see or call them but he says if I ask for more money from him he would go for any custody he could get. My question is if I ordered a paternity test and my oldest daughter was his, would it hurt me in the long run for custody. Would it also hurt me for custody of my youngest daughter, which I know is his. My husband has already signed an agreement that gives me legal/physical custody, however in pennsyvania custody is always on the table and that agreement basically means nothing. I would hate to do this to my daughter as well, but he is holding my kids over my head just because of money. It would make life easier for all of us if he would not pay me anything and disapear completely from our lives. please help.


Asked on 6/14/10, 12:24 pm

1 Answer from Attorneys
Rachel Hunter

How would ordering a paternity test hurt you in the long run for custody? If you suspect that your ex-husband is not the father, have you, the child and putative father submit to the test. If the test confirms that the other man is the father, your ex-husband should be overjoyed that someone else will be responsible.

Your husband does not want anything to do with the children so it should not matter to him. And courts do not like to break up half-siblings if they have been raised together. Your ex-husband would have much to overcome to establish that suddenly the best interest of the child rdictate that custody should be transferred to him.

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Answered on 6/22/10, 7:58 pm


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