McKeesport, PA asked in Family Law, Child Custody and Child Support for Pennsylvania

Q: I'm trying to figure out who has legal rights to my son?

Long story short, I seperated from my husband and had a child with another man before the divorce finalized. The man has made zero contribution to my child but did sign an acknowledgement of paternity at the hospital at the time my child was born. I filed for child support today and domestic relations called me back almost immediately to tell me that since I was technically still married to my husband at the time of my son's birth that my husband (not the bio dad) is legally the father according to PA state law. Domestic relations proceeded to tell me that therefor in order for bio dad to be legally, financially obligated to my son, my husband would have to sign off rights and bio dad would have to take a paternity test and file paperwork to establish paternity. I am very confused now about bio dad's rights. Can anyone help me out?

1 Lawyer Answer
Kathryn Hilbush
Kathryn Hilbush
  • Divorce Lawyer
  • Media, PA
  • Licensed in Pennsylvania

A: Consult with a local attorney experienced in family law. Domestic Relations should not be handing out legal advice. If your family was not intact when the child was born then it's not likely that your former husband has any support obligation for this child. Retain an attorney to guide you through this.

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