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Paternity in Pennsylvania: If I have a Child with a Married Woman, Do I have Custody Rights in Pennsylvania?

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One of the common issues in Pennsylvania custody litigation relates to paternity. That is who is the father and who has rights to seek custody. Many first time litigants assume that this determination is made through a DNA test that proves that the child is or is not the biological child of one individual or the other. However, that is not always the case in Pennsylvania. We will be presenting a series of blogs about paternity issues in Pennsylvania. The first question we tackle is whether it is possible to gain custody rights of a child that is the produce of an affair.

This issues raises the quesiton of the presumtpion of paternity. That is that historically, children who were born as the product of an intact marriage are presumed to be the product of the marriage. That means that Mrs. A is married to MR. B, but having an affair with Mr. C. Even though the child may be biologically Mr. C’s child, in Pennsylvania, if Mr. B accepts the child as his and does not quesiton the legitimacy, then it is unliley that Mr. C. will be able to intervene in anyway into a custody litigaiton.

However, this presumption has begun to change over time, and it is possible to call this presumption into question if there are issues of access or impossibilty. For example, if Mr. B was sterile or stationed overseas in the military when the child was concieved, the court would be more likley to be willing to grant a paternity test or allow Mr. C standing to seek custody of the child. However, if Mr. B and Mrs. A are presenting a united front, it will likely be hard for Mr. C to get his day in court.

If you have any quesitons about paternity issues in Pennsylvania, please call our Pittsburgh office today!

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Pennsylvania Office Locations

Allegheny County – Main Office

Manor Building, Penthouse Suite
564 Forbes Avenue
Pittsburgh, PA 15219
Phone: 412-281-9906
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Washington County:

2400 Ansys Dr., Suite 102
Canonsburg, PA 15317
Phone: 724-436-5500
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Butler County Law Office

2009 Mackenzie Way, Suite 184
Cranberry Township, PA 16066
Phone: 724-776-9906
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Clearfield County Law Office

Lisa Marie Vari & Associates, P.C.
114 1/2 S. Second Street
Clearfield, PA 16830
Phone: 814-290-0587
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Allegheny County – Main Office

Manor Building, Penthouse Suite 564 Forbes Avenue Pittsburgh, PA 15219
Phone: 412-281-9906
Get Directions

Washington County Office

2400 Ansys Dr., Suite 102 Canonsburg, PA 15317
Phone: 724-436-5500
Get Directions

Butler County Law Office

2009 Mackenzie Way, Suite 184 Cranberry Township, PA 16066
Phone: 724-776-9906
Get Directions

Clearfield County Law Office

Lisa Marie Vari & Associates, P.C. 114 1/2 S. Second StreetClearfield, PA 16830
Phone: 814-290-0587
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Miami-Dade County

1200 Brickell Avenue, Suite 1950
Miami, FL 33131
Phone: 305-222-7351
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1200 Brickell Avenue, Suite 1950
Miami, FL 33131
Phone: 305-222-7351
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