Oil City, PA asked in Child Custody and Divorce for Pennsylvania

Q: How to terminate my husbands rights to a child that isn't biologically his but he is on the birth certificate

My husband and I are talking a out divorce. Before we got married we split up for 7 months, during that time I got pregnant. When we got back together we then got married, he knew that I was pregnant with another man's child. When the baby was born because we were married his name on the birth certificate and the baby has our last name. What would I have to do to get his name off of the birth certificate and terminate his parental rights since this child is not biologically his? If need be I'm sure I could have the other man come from Florida to take a paternity test, so that I could prove that he is the father. My husband is using my child against me to control me. Not allowing me to take my child out of the house... The baby is 8 months.

My husband has become very violent since we were married. He's becoming physically abusive on top of the mental abuse he dishes out. I'm not comfortable leaving my son with him alone b/c he screams and swears at him,

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1 Lawyer Answer

Cary B. Hall

Answered
  • Divorce Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: If he is physically violent, contact the police to file criminal charges and also file a civil Protection from Abuse (PFA) action against him. The PFA can award you temporary custody as you navigate through a divorce.

Because his name is on the birth certificate, legally he is the presumptive father -- and you will have to overcome that presumption with proof of your own to the contrary in a formal court action. Contact your local Domestic Relations section and ask the folks there about how to file such an action in your county.

Best of luck to you.

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