Q: Can my husband pay child support for a child that the mother gave to another man?
My husband cheated on me and it resulted in a pregnancy. His mistress never let him into the pregnancy time. She said she didn't want anything to do with him. However, she got married and had the child. My husband was never called to the hospital to sign birth certificate or anything. On the way home from the hospital she called our pastor and told her that she should tell my husband that she has given birth but she doesn't need anything from my husband and the child is carrying her now husbands last name. My husband wants to be in his child's life. What are his right.
A:
That's going to be tough. In PA, there is a presumption of paternity. That means it is assumed that a child born during a marriage is a child of that marriage unless there is clear and convincing proof that the husband could not be the father.
There was a recent case where genetic testing proved that a child was not the husband's, the court still would not grant custodial rights to the biological father because the husband had been raising the child as his own. The court felt it was in the child's best interests to continue that. So, if your husband wants to try this, he's going to have to prove to the court that it's in the child's best interests to have him in her life. He'd better consult with an experienced family law attorney to learn more about this before taking on this challenge..
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