Gaining Custody or Visitation When There's a Presumed Father

My question involves paternity law for the State of: Pennsylvania.
I dated a woman who was in the process of a divorce. She failed to mention she was sleeping with me AND her husband. She got pregnant. Obviously she had no clue who the father was. She told me she got a paternity test and the baby was her husbands. I left the picture. 3 months after the birth she tells me she has doubts about the validity of the DNA test. I agree to take a test. The test comes back that I am 99.9% the child's father. The husband vows he'll fight for custody since he is the presumed father and signed the birth certificate. I wan't to be a part of my child's life. Do I have any chance of custody/visitation? I also heard things could go in my favor because they were legally seperated at the time. Then again I've heard there is no legal seperation in PA. Very Confused. Very distraught. Just wanna see my boy.

Quote:

---

Quoting darkpsyd

---

My question involves paternity law for the State of: Pennsylvania.
I dated a woman who was in the process of a divorce. She failed to mention she was sleeping with me AND her husband. She got pregnant. Obviously she had no clue who the father was. She told me she got a paternity test and the baby was her husbands. I left the picture. 3 months after the birth she tells me she has doubts about the validity of the DNA test. I agree to take a test. The test comes back that I am 99.9% the child's father. The husband vows he'll fight for custody since he is the presumed father and signed the birth certificate. I wan't to be a part of my child's life. Do I have any chance of custody/visitation? I also heard things could go in my favor because they were legally seperated at the time. Then again I've heard there is no legal seperation in PA. Very Confused. Very distraught. Just wanna see my boy.

---

How old is the child? Is Mom still married to Dad?

Baby is 4 months old. Mother wants divorce. Husband will not sign.

Dad doesn't have to sign.

Mom does not need permission to obtain divorce. She's not telling you that, right?

Get down to the court house immediately, and file to establish paternity, joint custody/visitation and child support. Be prepared, if Dad wants to be Dad, for him to fight.

Don't really believe anything she says anyway. I've spoken to two law firms. Both feel confident I can obtain some form of visitation. As far as the "legal dad" goes, once he see the cost and effort of a drawn out legal battle, he'll bail.

I work with children who for the most part, have no father figures. It amazes me the hoops I have to jump through just to do the right thing. Thanks for your input.

Just for the record, the "right thing" would have been to marry and establish a healthy two parent household for the child BEFORE impregnating.

Quote:

---

Quoting aardvarc

---

Just for the record, the "right thing" would have been to marry and establish a healthy two parent household for the child BEFORE impregnating.

---

Well there is that...

Quote:

---

Quoting aardvarc

---

Just for the record, the "right thing" would have been to marry and establish a healthy two parent household for the child BEFORE impregnating.

---

What a delightful slap in the face to all of those trying to do their best in the single parent role. I came here for impartial advice. I'll go to church if I want to be judged.

Quote:

---

Quoting darkpsyd

---

What a delightful slap in the face to all of those trying to do their best in the single parent role. I came here for impartial advice. I'll go to church if I want to be judged.

---

The thing is, marriage actually confers a LOT of legal protection when it comes to children and custody. THAT is the point being made.


The fact that you weren't married to Mom hurts you, because you are going to have to jump through hoops that wouldn't be present if you were actually married.

So please, don't shoot the messengers.

Marriage only has whatever religious connotation a person chooses to bestow. The simple fact of the matter is that marriage is a LEGAL CONTRACT, the purpose of which is to bind persons together - including children born of that union. (That's why people, even people completely opposed to any form of religion, can get married without any type of church involvement, at all.) Family law in this country, including things like paternity and rights to and responsibilities for children, center around this fundamental contract. Operating without such a contract in place is no different than selling your house without a contract, hiring a painter without a contract, or doing just about anything ELSE without a contract - except in these cases, it isn't just the non-contract-holding party that finds themselves behind the 8 ball, it's also the innocent child.