Paternity Issues

When a child is born to a married couple, the husband is legally presumed to be the father of the child unless the couple states otherwise. However, when a child is born to a single mother, paternity must be established in order to sort out issues related to child custody and child support.

A man seeking child custody or visitation rights for the new baby must first establish paternity in order to receive these rights. Similarly, a mother seeking child support must first establish paternity before the courts will require the father to pay the requested child support. In many cases, paternity issues can be very complex and require the assistance of an experienced family law attorney.

The Central Pennsylvania family law attorneys at Saidis, Sullivan & Rogers regularly assist both mothers and fathers in cases where paternity of a child is in dispute. We have a strong understanding of the Pennsylvania state laws which govern these cases, and we can help ensure your rights are fully protected during this difficult process.

Who May Request a Paternity Test?

While a paternity test can always be performed voluntarily, there are only certain people who can legally request that a paternity test be required by court order. They include:

• The child’s mother
• The assumed biological father
• A male who is able to show cause that he may be the biological father
• A male who is disputing the claim that he is the biological father
• Grandparents or other blood relatives of the child if the assumed biological father is no longer alive

Establishing Paternity in Pennsylvania

In the state of Pennsylvania, paternity can be determined in the following ways:

• Acknowledged paternity – The alleged father has acknowledged that he is the child’s biological father.
• Presumed paternity – The alleged father may be presumed to be the child’s biological parent if he was married to the mother during conception or birth of the child, or if he married the mother after the child was born and either agreed to have his name on the birth certificate or support the child financially.

If paternity is disputed, the courts may order DNA testing to conclusively determine whether the alleged father is in fact the parent. The DNA test must indicate a 99% or greater chance that the man is the father for paternity to be confirmed. If the DNA test does not come back indicating paternity with a certainty of at least 99%, a trial may be conducted to determine paternity.

For further informatin about Paternity and child custody laws in Pennsylvania, please contact Saidis, Sullivan & Rogers today to schedule your initial consultation. We serve clients in Cumberland and Dauphin Counties in Central Pennsylvania.