Establishing paternity in Pennsylvania is a critical legal matter, as it affects child custody, support, and parental rights. The state upholds a strong presumption of paternity, primarily to protect family integrity.
Presumption of Paternity
✔ Marital Presumption
- A child born to a married woman is legally presumed to be the child of her husband.
- This presumption cannot be challenged if the marriage was intact and the husband had assumed parental responsibilities.
✔ Overcoming the Presumption
- If the marriage was not intact at the time paternity is questioned, the presumption can be rebutted by proving:
- The husband was impotent or sterile.
- The husband lacked access to the wife during conception.
✔ Use of Blood Tests
- Blood tests cannot be used to challenge paternity unless the presumption is first overcome.
Paternity by Estoppel
✔ What is Paternity by Estoppel?
- Also known as equitable paternity, this legal doctrine assigns paternity even if the man is not the biological father.
- It applies if:
- The man has assumed the role of a father.
- The child has formed a bond with him.
- The court finds it is in the best interest of the child.
✔ How Does It Work?
- Paternity by estoppel is often used in child support cases.
- Pennsylvania courts do not allow this doctrine to be used to block a biological father from asserting his rights.
- It can only be used as a shield, not as a sword, meaning a biological father can still claim paternity rights.
Why Establishing Paternity Matters
✔ Legal & Financial Responsibility
- A legally recognized father may be required to pay child support.
✔ Parental Rights
- Establishing paternity allows the father to seek custody or visitation.
✔ Child’s Benefits
- The child may gain inheritance rights, medical coverage, and access to social security benefits.
✔ Emotional & Psychological Stability
- Knowing one’s biological father can provide a sense of identity for the child.
Need a Paternity Lawyer in Pennsylvania?
Attorney R. Badet is an experienced family law attorney handling paternity cases, child custody disputes, and child support matters.
✔ Paternity Testing & Legal Challenges
✔ Establishing or Contesting Paternity
✔ Child Custody & Support Representation
📞 For a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641.
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