[catsmeow]

i have been married for 3 years and left my husband because he was abusing and cheating on me. Since then i have met someone and have had his baby. i listed my boyfriend as the father on the birth certificate but i was wondering since i was still married and havent started the divorce process because of finacial reasons if my ex would have any parental rights to my child. my social worker said he may but she isnt sure

[jojo4]

Congratulations. Your husband has a new baby.

Your boyfriend needs to file to establish legal paternity of the child.

Pa does not have it's complete version of statutes online, but here is a link for this specific topic.

http://members.aol.com/StatutesPA/23.Cp.51.html

(g) Effect on presumption of legitimacy.--The presumption of legitimacy of a child born during wedlock is overcome if the court finds that the conclusions of all the experts as disclosed by the evidence based upon the tests show that the husband is not the father of the child.

[GV70]

i have been married for 3 years and left my husband because he was abusing and cheating on me. Since then i have met someone and have had his baby. i listed my boyfriend as the father on the birth certificate but i was wondering since i was still married and havent started the divorce process because of finacial reasons if my ex would have any parental rights to my child. my social worker said he may but she isnt sure

I am interested in how you listed your BF as a father. The PA law is conclusive!If you are married you must list your husband on the BC./or to make a three party agreement/.

[GV70]

Pennsylvania law requires a two-part test to be satisfied before blood test results are admitted as evidence of paternity. The first step is to determine whether the presumption of paternity applies, and the second step is to determine whether paternity by estoppel can be invoked.4 The presumption of paternity stands for the principle that “a child conceived or born during the marriage is presumed to be the child of the marriage.” The Pennsylvania Supreme Court maintains that the presumption of paternity is “one of the strongest presumptions of the law of Pennsylvania,” however, if there is no longer an intact marriage to protect, this presumption becomes rebuttable.