Q: Does a non martial childs biological father have rights or does my husband have rights?

A: What you have here is a mess. Which I am sure that you know by the fact that you are posting questions here. You really need to consult with an experienced family law attorney to untangle this. Let's start with the name is on the birth certificate. While that is not definitive its a good starting place. Generally, if you are married the husband is considered to be the father unless that is rebutted. The biological father could file a paternity petition, so could the husband for that matter. Most of these cases center around support obligations and custody rights. If you want to protect your child, and I am saying you should, and yourself it would be smart to sit down with an attorney and map out a plan.

A: Mr. Hyde is correct - what a mess. Has you husband treated this child as his own? Do they have a significant bond? In PA we have paternity by estoppel, which means that if the child was born during the marriage, the husband is presumed to be the father. However, it gets more troublesome when the marriage is no longer intact, potentially opening the door to the biological father. Recently in PA , there was a case involving the husband seeking DNA. It was done and showed he was not the father. Then the supposed biological father filed for custody and proved through genetic testing that he was the father. The court did not allow him the have custody, however, because the husband had raised the child. So, I hope this encourages you to sit down for an in person consultation with an experienced family law attorney in your area.