Legal Question in Family Law in Pennsylvania
paternity of child
Our son is now 7 months old. My fiance signed the birth certificate stating our son is his(which he is). My ex is saying that he is his, but he isn't. He is mine and my fiance's. Can my ex actually come after me about my son?
1 Answer from Attorneys
Re: paternity of child
You asked about paternity.
You are in a pretty unique situation. But there's no problem.
A child born into a marriage is, as a matter of law, assumed to be a product of the married couple. Challenging the parentage of such a child is difficult.
A child born out of wedlock is presumed to be the child of the parents identified on the birth certificate. A challenger may present a case and if he can present sufficient proof will be allowed to have the court order a paternity test.
Yes your ex can come after you, but he has to get the court to buy into his argument before you can be forced to ge a paternity test. Hopefully simple mathematics will refute his arguments.
Regards,
Roger