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BAD350

Guest
I'm from PA.Approxmatly 3 years ago i was
seeing now my wife.She became pregnet to her current
boyfriend she thought the baby was his anyhow.
5 months after the baby was born we got back together.
She (still thinking the baby was his) filed for
custody and child support.We moved in together soon
after all this happened.When the baby was around 1 1/2
years old i started to belive that the baby was in
fact my child.So we ordered a DNA test to be done.
It wasn't court ordered just more or less "to see"
The results came back that the baby was mine!So
as soon as we found that out the other guy was told.
We are now currently going through court proceedings.
The other man will not "give his paternal rights away"
I need to know since we are married and i am the child
in questions real father what can we do to have a
normal family.We even told him that he could still
have visitaion but we want all right to the child.?
The court is trying to use an "estoppal" dose that apply
to us in the sense?
Thank You for your time.
 


I AM ALWAYS LIABLE

Senior Member
BAD350 said:
I'm from PA.Approxmatly 3 years ago i was
seeing now my wife.She became pregnet to her current
boyfriend she thought the baby was his anyhow.
5 months after the baby was born we got back together.
She (still thinking the baby was his) filed for
custody and child support.We moved in together soon
after all this happened.When the baby was around 1 1/2
years old i started to belive that the baby was in
fact my child.So we ordered a DNA test to be done.
It wasn't court ordered just more or less "to see"
The results came back that the baby was mine!So
as soon as we found that out the other guy was told.
We are now currently going through court proceedings.
The other man will not "give his paternal rights away"
I need to know since we are married and i am the child
in questions real father what can we do to have a
normal family.We even told him that he could still
have visitaion but we want all right to the child.?
The court is trying to use an "estoppal" dose that apply
to us in the sense?
Thank You for your time.
My response:

While the court proceedings are going on, and until the court action is terminated, one way or the other, the other man will be considered to be the father. This is because he was living with her during her pregnancy and, most important, at the time of birth.

The law in most States says that, a man living with a woman who gives birth, is "presumed to be the father" of that child until proven otherwise.

Once the court makes it's final determination of paternity, and your court-ordered DNA results are back, the court will undoubtedly change paternity to you.

IAAL
 

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