Legal Question in Family Law in Pennsylvania

Re: paternity test of husband

A child born of an intact marriage is presumed to be the husband's, unless the husband was in jail or away in the military at the time of conception. The other exception was if the husband could prove he was impotent. The presumption is pretty much irrebuttable. That is, even with a DNA test you couldn't defeat the presumption.

I believe the fact that the child maybe the product of rape he could challenge paternity. That said there are some other theories on why your husband might be liable if not for child support for a tort action for allowing the "friend" to be able to father a child with you. So he may not want to go there as he could be charged as a criminal.

As to who pays for a paternity test. If you file for support against your husband he doesn't get to ask for a paternity test. At least at the DRO level.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

Re: paternity test of husband

You asked about paternity of a child.

You need a lawyer. If you can't afford a lawyer, legal aid or your local womens shelter, or law school legal clinic will definitely help.

A child born to an intact marriage is presumed to be the product of that union. This is a rebuttable presumption, but, a court will only allow a nominal father to challenge paternity if the likely biological father is identified. There will be no "fishing expedition."

You should also seek a custody order and restraining order that prevents your soon to be ex-husband from having any contact with yourself or the child.

There is absolutely no chance that a court can make you pay back anything. Not a paternity test or the medical bills. You do not need to take a paternity test, unless ordered by the court, and should refuse to allow the child to be tested.

Unless the nominal father can make a case to challenge paternity, and this is incredibly difficult, the court will not order a paternity test. Note, that if you voluntarily allow a paternity test and it comes up that the ex is not the father then he can use that to challenge paternity. But if you refuse to allow the test, he will have the burden to provide extrinsic evidence that he could not possibly be the father (for example, that he is sterile or otherwise impotent). This is opposite from the proposition that he presents, that he could possibly not be the father.

The law seeks the best interest of the child. And the law will not allow the nominal father to disavow parentage unless there is another person to take his place, such as an adoptive father, or the demonstrated biological father.

Again, no court can enforce a fishing expedition. You need counsel, and if you can't afford it find a legal clinic to represent you (try the local law schools). Get a divorce, custody order, alimony, and child support. Hopefully you are already getting counseling (if you're not, then do so immediately.)

My sincerest condolences on your trauma, and my congratulations on the birth of your child. You have my sincerest best wishes that you and the child will be well and happy.

Regards,

Roger

P.S. As soon as you finish this message start calling around for legal representation.

RT