Presumption of Paternity:
- Pennsylvania strongly presumes paternity to uphold family unity. A child born to a married woman is presumed to be the child of her and her husband.
- This presumption is irrefutable if the marriage was intact when paternity was questioned and the husband has taken on parental duties.
- If the marriage was not intact, the presumption can be challenged by proving the husband was incapable of procreation due to impotence, sterility, or lack of access to the wife at conception.
Paternity by Estoppel:
- Known as “equitable paternity,” this principle allows a court to establish paternity regardless of biological ties if it benefits the child.
- It applies when a man has acted as the child’s father, creating a bond. This doctrine is typically used in support actions.
- However, paternity by estoppel is not used to block a biological father from asserting his rights; it serves as a “shield,” not a “sword.”
Blood Tests and Paternity:
- In Pennsylvania, blood tests cannot be used to refute the presumption of paternity until the presumption has been successfully overcome.
Legal Assistance for Paternity and Divorce Matters
Navigating paternity and family law issues can be challenging. Divorce Lawyer R. Badet has extensive experience in family law, including paternity, child custody, and spousal support. His approach ensures clients receive personalized legal advice tailored to their circumstances.
Contact Divorce Lawyer R. Badet:
- Phone: (267) 277-2641
- Website: www.lawyersfordivorces.net
- Services: Affordable legal support, including $599 consent divorces completed in 60 days, with free consultations available.
Trust an experienced attorney to address your legal needs effectively, from paternity issues to divorce proceedings.