[Pregnant in PA]

My question involves paternity law for the State of: Pennsylvania.
I am currently pregnant. The biological father of the child is mentally unstable and has threatened physical violence repeatedly. I am curious, if my fiance and I get married before the baby is born will the biological father still have rights? Will getting married give my new husband paternity rights?

[distressedmom]

I am not a lawyer, but I don't think getting married automatically makes him the father. He may have to sign paternity papers. The bio dad can still come in and claim the child is his and sign paternity papers. You may want to visit with an attorney on this one. Many will give free 1/2 hour consultations. Explain what you want to do and they should be able to advise you what needs to happen.

Where things can get complicated is if for some chance the marriage does not work and you are seeking child support or custody. Husband may say that it was never his kid and try to wash his hands of his obligation. Then, if you try to go after bio dad he will say he has no obligation either, and then you have nothing.

You have to have the right papers in place to protect yourself and the child in the event something happens down the road.

Bio dad should not be taken off the hook for child support payments. Custody is a whole other matter. You can request that there be no custody, or supervised custody based on his condiition.

[mmmagique]

I just did a quick search, but, according to this you may have a good case.

http://www.pafamilylawyers.com/CM/News/Paternity.pdf

Talk to a family court lawyer ASAP!

Good luck!

~Christina

[CourtClerk]

If this becomes a child of the marriage because you get married, THEN have the baby, then your current boyfriend becomes the child's legal father.

That's not to say that your newly mentally unstable ex boyfriend can't march into the courthouse and pursue a paternity action of his own and force the issue.