Washington Paternity Lawyer
The term ‘paternity’ simply refers to fatherhood. After a biological father has established paternity, they have the legal right to visit the child and make decisions for the child. They may also have a legal obligation to provide child support to the mother. Establishing paternity also grants the child certain rights, such as the right to an inheritance. If a person passes away without a will, their estate is divided according to the intestate laws, and these stipulate that children have a right to a portion of their parent’s estate.
Establishing paternity has benefits for the entire family. Below, our Washington paternity lawyer explains the different methods available for establishing these legal rights.
Children Born Into a Marriage
Paternity is never questioned when a child is born into a marriage. In these situations, there is a presumption that the husband is the biological father of the child. Known as the ‘presumptive father,’ husbands in these cases have the same rights and obligations as the mother. When the husband is the biological father, this presumption does not pose any concern. However, there are times when a husband may not be the biological father.
Challenging the presumption of paternity is not easy. There are generally only two exceptions. These are when a husband is not physically capable of fathering a child, or when they were not physically near the mother at the time the child was conceived.
Children Born to Unwed Parents
When a child is born to unwed parents, there is no presumption of paternity. Instead, paternity must be established. The easiest way to do this is when both parents agree that a man is the biological father. To voluntarily acknowledge paternity, both parents must sign an acknowledgement. This can be done any time from the time after the child is born in the hospital until the child turns 18 years old.
If there is a disagreement about the identification of the biological father, the mother and alleged father will have to resolve the issue in court. The court will then order genetic testing to determine whether the man is the biological father. If an alleged father does not appear in court, the court can enter an order of paternity and child support.
Establishing Paternity Through Estoppel
Estoppel is another way to establish paternity in Pennsylvania. Under this legal concept, a man is the biological father if he acknowledges paternity through certain actions, such as supporting the mother and child. For example, a man may learn many years after a child’s birth that he is not the biological father. While he may want to stop financially supporting the child, the court may estop him from doing so. Establishing paternity through estoppel typically happens between unwed couples, but it can occur during a marriage, as well.
Our Paternity Lawyer in Washington Can Help with Your Legal Action
There are many ways to establish paternity in Pennsylvania. No matter which one you choose, our Washington paternity lawyer at Bunde & Roberts, P.C. can ensure your rights are protected so you obtain a favorable outcome. Call us now at 412-391-4330 or contact us online to schedule a consultation and to learn more about how we can help with your case.
