Legal Question in Family Law in Pennsylvania

Biological Fathers Rights

Mother was separated when she became pregnant. Didn't know who the father was because she was with her husband as well as her boyfriend and gave the baby her/her husbands last name. A paternity test was done after the birth and it was discovered that the baby was in fact the boyfriends. Boyfriend has been giving mother money for baby as well as buying clothes and formula. Husband who wanted nothing to do with child now wants to try to keep boyfriend away because he said child has his last name. Can he do that and does boyfriend need permission from him to have childs name changed in court and at what approx. cost will this entail?


Asked on 9/03/07, 7:30 pm

2 Answers from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Biological Fathers Rights

You asked about the natural father's rights as opposed to the rights of the spouse of the mother.

The law presumes that a child born to an intact marriage is a product of that union.

The law is not clear as to the situation you describe and would entail substantial cost and effort if all parties could not come to an agreement. Not to mention the fact that the court will do anything in its power not to deal with the issue.

In the end the best interests of the child are paramount. There is no chance that the child will be given the natural father's last name. That is a choice that was made by the mother and accepted by her spouse. There is a potential that the natural father would be given visitation, but also note that it is likely that the natural father would be locked in to child support payments for the full term of eligibility.

You need to speak with a lawyer educated in family law to get a more specific answer to your question.

Regards,

Roger

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Answered on 9/04/07, 6:08 pm
Glenn Brown Real World Law, P.C.

Re: Biological Fathers Rights

Was the paternity test done under the court's supervision?

Does the mother desire to change the child's name.

Has paternity been legally established?

Someone needs to sort out these issues with attorney assistance.

Good luck to you.

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Answered on 9/03/07, 8:04 pm


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