A putative father may not be prohibited from initiating a civil action to establish paternity. (cited by J.S. Challenges to Paternity Who can challenge paternity and how and when the challenge can be made depends upon the method in which paternity was established. Welcome to Pennsylvania DNA-Paternity Testing Services. However, even though the medical tests used to gather this evidence tend to be accurate, they have been known to give incorrect results. Paternity tests are often the method that are used to determine paternity. In Pennsylvania, paternity can be established either “voluntarily” or “involuntarily” up until the child turns 18 years old. Use the links below to obtain information about establishing a legal relationship between the child and the father. While you must sign the form in front of an adult witness, it does not require notarization. 5 reasons you need a divorce attorney’s help, In Pennsylvania divorce, property split isn’t 50/50. Establishing who is the father of a particular child is vital — both to the parents and to the child. You can rescind an AOP or DOP you signed by filing a Rescission of Acknowledgment of Paternity form with the Texas Vital Statistics Unit:. Information Regarding Child Support in PA. After the 60 days has passed, a man may remove his name from the birth certificate only by 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. Proof of Infertility or Sterility: Proof of a man’s sterility is obviously clear proof to challenge paternity. Therefore, it is important to consult with a paternity lawyer and your local family court to determine the correct process of challenging paternity. 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. However, it is not uncommon in Pennsylvania and other areas of the country for the wrong man to be named as the father of a child. On behalf of Palange, Endres & Marks, P.C. This then can serve as proof that the man cannot possibly be the father of the child. However, the presumption can be rebutted if the father can prove lack of access to the mother or impossibility. Seek Legal Help With Your Paternity Issues. These days, DNA tests tend to be the best way to prove or disprove paternity. We all inherit our DNA from our biological parents, half from our mother and half from our father. A Pennsylvania mother might claim that a man claiming to be her child’s father is not the father. The possibility of tainted lab results might be shown if the laboratory has a history of substandard results. If the results reveal the father is in fact the biological father, then the court will issue an order of paternity, granting the legal rights and responsibilities of fatherhood and adding the father’s name to the birth certificate. The petition must in this case be filed within a year of the day he was informed of the birth of the child and of the fact that he may not be the natural father. Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters, We Approach Every Case with Knowledge and Confidence. Learn about some of the grounds for challenging a paternity test, and more, at FindLaw's Paternity … Once filed, the court can order one or more DNA tests for the father and the child for evidence. Devoted Exclusively to Family Law. On behalf of Palange, Endres & Marks, P.C. Our skilled family law and divorce attorneys have hands-on experience litigating this issue throughout Central Pennsylvania. Whoever seeks to establish paternity will file a “petition to determine paternity” in court. The husband becomes the child’s legal father, even if he isn’t the biological father. The Presumption of Paternity Applies in This Case and the Number Holder Would Be Estopped From Challenging Austin's Paternity Under Pennsylvania LawNotwithstanding the DNA Evidence Given the facts presented, we believe that a Pennsylvania court would likely find that a presumption of paternity would apply in this case. Source: FindLaw, “Challenging paternity” accessed Jan. 16, 2015, 720 Centre AvenueReading, PA 19601 Phone: 610-674-0712 Toll free: 800-634-1983. Contact Purdy Law Office, LLC, and let us walk you through the important steps of either establishing or challenging paternity. The Pennsylvania no-fault divorce attorneys at Cairns Law Offices on establishing paternity after a divorce. 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 the parents are married in Pennsylvania, paternity is automatic. In other cases, a Pennsylvania father might show proof of his or her sterility or infertility, making it impossible for him to be the father of the child. There is a presumption that the husband is the father of the child. At the Law Office of Smith & Horwitz, our attorneys can help you with all aspects of establishing child support, so your rights and your child’s rights are protected. 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. at 1234). The court may not allow it to be challenged if a party has acted in certain ways. A DNA paternity test compares a child's DNA pattern with that of an "alleged father" to determine if there is a match. Olivieri, 427 So. However, it is not uncommon in Pennsylvania and other areas of the country for the wrong man to be named as the father of a child. When a child is born to married parents, the law automatically assumes that the woman's … Under Pennsylvania Law, paternity is automatically established if the child is born while the parents are married. When a couple divorces, one parent generally receives custody of the child or children. When this happens, either parent may choose to challenge paternity by filing a lawsuit in court. There are many instances when the father tries to challenge paternity to avoid paying. However, challenging a scientific test will only be approved if there are grounds for believing the results were inaccurate. That too prohibits him from challenging paternity at a later date. Paternity Law Paternity law involves the legal recognition of a child's biological father, typically established through genetic testing. Quality DNA Tests offer you a complete DNA paternity test service in Pennsylvania that provides the highest accuracy paternity results in just… read more → Proof of a mother’s infidelity during a marriage might also be used to defend against a paternity claim. Unless proven otherwise, the husband of a pregnant woman is legally assumed to be the father. (2) After the expiration of the 60 days, an acknowledgment of paternity may be challenged in court only on the basis of fraud, duress or material mistake of fact, which must be established by the challenger through clear and convincing evidence. The other spouse, typically the father, may be required to pay child support for daily care. How do I challenge or establish paternity in Pennsylvania? Single Moms. When the mother and father agree that the father is in fact the biological father, paternity can be established voluntarily. of Paternity (Form PA-CS 611) to complete and sign. Another interesting point of contention is that, unlike some states, paternity can only be challenged in Pennsylvania in child support actions. 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