Affair Led to Child Born into Marriage
My question involves paternity law for the State of: PA
Years ago, while my husband and I were going through some tough times, I had an affair that resulted in pregnancy. I did not know if my husband or the other guy was the father, the other guy knew I was pregnant. The baby was born and since we were (still are) married, my husbands name was put on the birth certificate. When he was 6 months old, we found out my husband is not the biological father. The other guy did not have a test done, but admitted he was the father. My husband didn't care then, and still doesn't care that he isn't the biological father, he views him as his son and has supported him in every way. The biological father walked away when the child was 9 months old, but popped up every year or two. He hasn't seen the child since he walked away, and the child is now 6 years old. The biological father now wants to be recognized as his father, and wants my husbands name off the birth certificate. My husband has been there when I was pregnant with him, and everyday since he was born. Can the biological father come back after years and get parental rights? By the way, my husband and I were married 6 years when this happened. We are now married for 10+ years.
Re: Affair Led to Child Born into Marriage in Pa
You can't stop him from SEEKING parental rights, however, Pennsylvania family law TENDS to support the concept of preservation of the family unit when there is an INTACT marriage, regardless of paternity or DNA results, UNLESS there was some fraud or misrepresentation with respect to true paternity of the child. In your case, your husband has known that he's not the child's biological father for several years, yet has supported the child, and held out that child as his own. If your ex consults with an attorney, he'll likely be told that even with 100% DNA proof of being the father, the courts aren't likely to alter the status quo. If he chooses not to consult an attorney and bring suit on his own, he'll find that out the hard way. So yes, he can ask the court to look at the issue, but so long as the marriage is intact with no element of fraud, PA law leans towards the right of the intact marriage above all else, under the concept that the best interests of children are served by remaining within such.
If you happen to be in western PA, I can recommend Attorney Lisa Vari at 855-PA-FAMILY as a good resource, if dad should ever bring a case before the courts.
Re: Affair Led to Child Born into Marriage in Pa
Thank you. I do have a follow up question. If he would decide to take it to court, if the court would keep my husband as the father, could they (the court) allow the biological father some kind of visitation to see the child?
Re: Affair Led to Child Born into Marriage in Pa
If your husband is retained as the father, the bio father ceases to exist, as far as the court is concerned, so no.