At the Law Office of Smith & Horwitz, we represent clients from Philadelphia and throughout the surrounding areas, including Media, West Chester, Norristown, Doylestown, Gladwyne, Bala Cynwyd, Conshohocken, King of Prussia, Main Line, Villanova, Wayne, Devon, Bryn Mawr, Radnor, Newtown Square, Lower Merion, Plymouth Meeting, Newtown, Morton, Ardmore, Abington, Havertown, Swarthmore, Philadelphia County, Montgomery County, Bucks County, Delaware County, Chester County and throughout Pennsylvania. On behalf of Palange, Endres & Marks, P.C. If you need assistance proving or challenging paternity relating to a child, a family law attorney may be able to guide you through this process as efficiently and successfully as possible. A DNA paternity test that legally can establish paternity costs $230 or more in Pennsylvania. And, unlike the paternity form, there’s no notice to him of the legal consequences of his misplaced enthusiasm about the child. You may need to seek legal advice if DHS or At this point, the potential father may either dispute or accept the claim. Our skilled family law and divorce attorneys have hands-on experience litigating this issue throughout Central Pennsylvania. When a child is born to married parents, the law automatically assumes that the woman's … In Pennsylvania, paternity can be established either “voluntarily” or “involuntarily” up until the child turns 18 years old. Proof of Infertility or Sterility: Proof of a man’s sterility is obviously clear proof to challenge paternity. There is a presumption that the husband is the father of the child. Statutes of limitations vary from state to state, and can be applied differently depending on the type of … The following persons may file a petition: The alleged father (the mother’s husband) or his own parents in the event of his death. Another interesting point of contention is that, unlike some states, paternity can only be challenged in Pennsylvania in child support actions. Conversely, negative paternity results might be disputed by showing evidence that a different person went to complete the tests instead of the suspected father, causing the tests to be fraudulent. When this happens, either parent may choose to challenge paternity by filing a lawsuit in court. In the state of Pennsylvania, many fathers are not granted the opportunity to have paternity leave to have time with their newborn children. How do I challenge or establish paternity in Pennsylvania? Several other states have a policy opposite to Pennsylvania’s and require that paternity be established by an unwed father before granting him any kind of custody rights. If the child is born during marriage or the father voluntarily establishes fatherhood, the father is required to file a motion with the court. – Where the paternity of a child born out of wedlock is disputed, the determination of paternity shall be made by the court in a civil action without a jury. This then can serve as proof that the man cannot possibly be the father of the child. Establishing Paternity in Pennsylvania. If there is a dispute over paternity, then the case must be brought to court. Similarly, either side might invalidate the other side’s test result evidence by showing that it was tampered with. Use the links below to obtain information about establishing a legal relationship between the child and the father. Statutes of Limitations on Establishing Paternity A statute of limitations is a law that prevents someone from bringing a legal action against another party after a certain amount of time has passed. You can rescind an AOP or DOP you signed by filing a Rescission of Acknowledgment of Paternity form with the Texas Vital Statistics Unit:. Unless proven otherwise, the husband of a pregnant woman is legally assumed to be the father. Information Regarding Child Support in PA. These days, DNA tests tend to be the best way to prove or disprove paternity. Paternity Tests Pennsylvania Call 1-800-837-8419 now to setup a quality paternity test. While Pennsylvania courts recognize that these tests can determine whether a man is the biological father of a child, they have returned mixed rulings on whether he is responsible to provide financial support after he and the mother split up. There is a presumption that the husband is the father of the child. at 1234). The possibility of tainted lab results might be shown if the laboratory has a history of substandard results. Are these adoption myths holding you back from your dreams? The best way to challenge a paternity test on the grounds of sterility is to see a doctor and get the doctor’s opinion/results in writing. Under Pennsylvania Law, paternity is automatically established if the child is born while the parents are married. Proof of a mother’s infidelity during a marriage might also be used to defend against a paternity claim. When a single mother has a baby, paternity of that child must be determined to resolve questions involving child support and child custody. If both parties agree that the father is in fact the biological father, then the parents can voluntarily establish paternity by completing a “Voluntary Acknowledgment of Paternity” form. There are several common ways of defending against and/or proving a challenge to paternity in these kinds of cases. There are many instances when the father tries to challenge paternity to avoid paying. 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