In Pennsylvania, paternity is a key legal issue, particularly when determining a father’s rights and responsibilities toward a child. The state has strong presumptions of paternity to encourage family preservation, ensuring that the marital relationship plays a significant role in determining a child’s father.
Presumption of Paternity in Marriage
When a child is born to a married woman, the law presumes that the child is the biological child of the woman’s husband. This presumption can be contested only under certain circumstances:
- Marriage intact: The presumption stands if the marriage remains intact at the time the paternity issue arises, and the husband assumes parental duties.
- Marriage not intact: If the marriage has already ended, the presumption is weaker and can be challenged. Evidence such as impotency, sterility, or lack of access (i.e., the husband wasn’t in contact with the wife during conception) may rebut the presumption of paternity.
If the presumption is rebutted or does not apply, the court moves forward to determine if the doctrine of paternity by estoppel applies.
Paternity by Estoppel
Paternity by estoppel is a concept where a man can be legally declared the father of a child, even if there is no biological connection. This occurs when:
- The man has acted in the role of the father.
- There is an emotional bond between the man and the child.
- It is in the best interest of the child to establish paternity, despite the lack of biological connection.
This legal principle is especially important in cases where a support action is involved and the presumed father has been involved in the child’s life. However, the doctrine of paternity by estoppel is not meant to prevent a biological father from asserting his rights. The doctrine only acts as a “shield” to protect the child’s interests, not as a “sword” to prevent a biological father from establishing paternity.
Blood Tests and Paternity
In Pennsylvania, blood tests cannot be used to rebut the presumption of paternity once it has been established. These tests can only be used after the presumption is overcome, typically when there is a dispute and the paternity of the child must be verified.
Experienced Divorce Lawyer – R. Badet
Dealing with paternity issues can be complex and highly emotional. Whether you are involved in a divorce, child support, or custody case, Divorce Lawyer R. Badet is committed to helping clients navigate the challenges of family law. With years of experience in both family law and criminal law, R. Badet is well-equipped to handle various legal matters, including those involving paternity disputes.
If you are seeking guidance on paternity or any other family law issue, visit his website at www.lawyersfordivorces.net or call for a free consultation to understand your legal rights and options. Divorce Lawyer R. Badet is a respected attorney dedicated to securing the best possible outcome for your situation.
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