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  1. #1
    Join Date
    Sep 2016
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    Default Can a Judge Award Custody to a Parent Who is Not on the Birth Certificate

    After a custody fight, a father who is not on the child's birth certificate was awarded full physical and legal custody. Is that legal under Pennsylvania law?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can a Judge Award Custody to a Parent Who is Not on the Birth Certificate

    It is possible, depending on the facts. For example:

    If the question of paternity was never raised to the court, the court would be unaware of the fact that the parents had not formalized paternity and would treat them as any other parents that came before the court.

    If the question of paternity was raised and decided by the court, with the court holding that the father was the child's biological father, the court can proceed to award custody even before the parties follow up with the department of vital statistics in order to add the father's name to the birth certificate.

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