Legal Question in Family Law in Pennsylvania
paternity,divorce, child custody
I recently found out that I am the father of a 3 yr old. I was asked and willing to take a home test ( a saliva swab) which resulted 99% likley I am the father. I am single with no children but the mother was/is married at the time of our affair, she has no other children. She is now divorcing and her husband does not know about our affair. He is now the legal father, unaware of the true perternity of the child. What are my rights and is it possible he will be granted full custody because of adultery ?
1 Answer from Attorneys
Re: paternity,divorce, child custody
The basic law in PA is that genetic testing is not admissable for a third party to claim a child in an intact marriage.
Adultery would unlikely be a reason for the legal dad to be granted full custody.
Since the marriage is no longer intact and or the failure of the legal father to object may permit you a chance to assert paternity.
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Good luck to you.