Legal Question in Family Law in Pennsylvania
Single mother custodial rights
I am a single woman who is pregnant. I have another child and have been her sole means of support. The father of the baby is not fit to take care of the baby due to the fact that he was in a car accident and is mentally and physically handicapped. When the baby is born, should I put his name on the birth certificate? If I don't put his name on the birth certificate, does he have to prove his paternity? His mother is threatening to take the baby from the hospital when it is born. Can she do that? My plan is to call the baby's father to inform him of the birth 2 weeks after the baby is born and I do not plan on giving the baby his last name. Is this the route I should take?
1 Answer from Attorneys
Re: Single mother custodial rights
Paternity can not be disproven by not placing the father's name on the birth certificate. In a case where, as here, the father's family is already aware of the impending birth, they may file for custodial rights even though he is not named. If the father sues for custody or visitation, and if you raise the defense that he is not the father, a paternity test will be conducted by the court. If this test will result in proof that he is the father, he may pursue his claim for custodial rights.
If you fear that the grandmother may take the baby from the hospital because threats have been made, you may wish to seek the help of lawyer and consider a restraining order.
Ilene Young, Esquire/ Civil & Family Practice/215-444-0445
NOTICE
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
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