Legal Question in Family Law in Pennsylvania

family law

My wife and i speparated a year ago but are not divorced yet. During our separation she became preagnant by the man she was having an affair with. They are no longer together and we are not legally divorced. What, if any, legal responsibilities do i have towards this unborn child?


Asked on 6/03/08, 10:08 pm

2 Answers from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: family law

You asked about liability for the child, by another man, of your current wife.

The law here is very tricky. You must seek counsel immediately to manage this situation. Failure to retain counsel or successfully prosecute this matter could result in being time barred from making any claims in the future.

As a general rule, a child born of an in tact marriage is considered a product of that marriage. The Court looks to enforce the best interests of that child and the non-biological father should act immediately to preserve his rights.

Regards,

Roger

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Answered on 6/03/08, 11:57 pm
James Monaghan Law Office of James V. Monaghan

Re: family law

In order to avoid the litigation in the future, it would be wise to institute divorce proceedings immediately. By doing so, you would avoid the argument that the child was born "of the marriage."

If you would like to discuss this matter further, please contact me for a free appointment.

Jim

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Answered on 6/04/08, 8:21 am


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