Legal Question in Family Law in Pennsylvania

Re: Paternity

You asked about denying paternity.

The best interests of the child are paramount. When a child is born to an intact marriage the child is presumed to be a product of the union. This presumption is rebuttable but has certain requirements. First is that there must be an affirmative test establishing that the spousal partner is not the biological father. The next is that the biological father must be affirmatively identified. Lastly the biological father must be capable of assuming the role.

The last is a hard test if the spousal partner is in a significantly better position than the biological father. The goal is that the child has two parents that can provide the best resources for the child.

The best situation is to not have the fight you are itching to have. The child had no part in the dispute and should not be made to bear the brunt of the mother's circumstance. Whether or not the biological father can be identified it is always better for a child to have too many people to care for it rather than too few.

Hope this helps. You will need an attorney to guide you no matter what you choose. Further, an attorney can present solutions that are more appropriate for your particular situation.

Regards,

Roger