Legal Question in Family Law in Pennsylvania
onwed fathers due process right to establish paternity
I had a child with married woman even though she divorced and moved in with me I am barred from establishing my paternity because she put her former husbands name on birth cert. what do I do to establish my rights as father?
1 Answer from Attorneys
Establishing rights as a father
Will the marital "father" consent to your adoption of the child? That might be the simplest choice (unless adoption proceedings in your state are easy, you'll probably have to hire a lawyer). If he won't (he should, because he's probably liable for child support until he gives up his rights). In fact, a lawyer in your state might advise you to pursue child support in order to force him to consent to adoption. Otherwise, you might be able to prove in court that you are really the father. That will DEFINITELY take a lawyer in your state, I think. In my state (NC) the presumption that the then-husband is the blood father is "the strongest presumption in the law". However, presumptions can often be overcome by good lawyers. Find one.
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