Legal Question in Family Law in Pennsylvania
husband's rights
I was raped at the time when my (now husband) and I were still dating. He married me right away. He knows of course that it is possible that the baby I am carrying is not biologically his. After rushing into marriage he has now decided that this is not what he wants but is unsure of how he feels about the baby.
If we divorce it will be finalized after the baby is born (due soon) even if my husband files today. Would he have any rights to this baby if it is found he is not the biological father?
He has paid me some child support to help get ready for the baby. If it is later found that the baby is that of my attacker and not my husband can he require me to pay back that money?
I do not know who attacked me so finding the biological father if it is not my husband's is unlikely.
1 Answer from Attorneys
Re: husband's rights
Before you consider divorce,I would strongly recomend that you and your husband seek couples counseling. If you do not know a therapist who counsels couples, ask the pastor of your church or your family doctor to recommend someone. You have both been through an extremely stressful period and I am not surprised that either of you are having doubts about the marriage. But if the child is his, then you will have a lifetime relationship even if you decide not to stay married.
The couples counseling will not only help you if you decide to remain married but it will also help you if you decide to transition to living separately.
I would recommend that you, individually, also consult an attorney who practices family law in the county where you live. That attorney can help you to arrange for a paternity test after the child is born and can help you sort out the issues relating to your husband's financial and custodial relationship to your child.
Good luck.
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