Seek Legal Help With Your Paternity Issues. At this point, the potential father may either dispute or accept the claim. Information Regarding Child Support in PA. For example, if the husband was deployed for three years and the wife gave birth during this time, then the presumption that the husband is the father is rebutted. Quality DNA Tests offer you a complete DNA paternity test service in Pennsylvania that provides the highest accuracy paternity results in just… read more → Ending a marriage does not end either parent’s responsibility for providing financial support for their children. In Pennsylvania, you can establish paternity either voluntarily or involuntarily, before a child gets to 18 years. 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. Once paternity is established, it can be difficult to challenge it. Below is a list of some of the methods for challenging paternity (listed by method in which paternity was established). 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. In this case, with proper legal representation, a father can navigate the process of ordering a DNA paternity test and attempting to prove, without a shadow of a … Even if both parents object at the time of the paternity action, the putative father could Another interesting point of contention is that, unlike some states, paternity can only be challenged in Pennsylvania in child support actions. © 2021 Palange, Endres & Marks, P.C.. All Rights Reserved. Proof of a mother’s infidelity during a marriage might also be used to defend against a paternity claim. 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. The first step is to file in the local family court a complaint regarding the paternity test. A putative father may not be prohibited from initiating a civil action to establish paternity. Once completed, file the form with the Department of Public Welfare. 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. Child Custody: What’s Best for the Children? 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. Our skilled family law and divorce attorneys have hands-on experience litigating this issue throughout Central Pennsylvania. When it comes to settling issues involving children in the state of Pennsylvania, one of the most important steps is establishing paternity. You may need to seek legal advice if DHS or DNA/Paternity testing determines the biological father of a child. Welcome to Pennsylvania DNA-Paternity Testing Services. On behalf of Palange, Endres & Marks, P.C. Paternity testing can be ordered by the Court in most States. The Pennsylvania no-fault divorce attorneys at Cairns Law Offices on establishing paternity after a divorce. We all inherit our DNA from our biological parents, half from our mother and half from our father. When this happens, either parent may choose to challenge paternity by filing a lawsuit in court. | Jan 16, 2015 | Firm News. A DNA paternity test that legally can establish paternity costs $230 or more in Pennsylvania. If the child is born during marriage or the father voluntarily establishes fatherhood, the father is required to file a motion with the court. Moving forward from this stage requires either the mother or father to file a "petition to determine paternity" in order to begin the court's process. Use the links below to obtain information about establishing a legal relationship between the child and the father. 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. Once filed, the court can order one or more DNA tests for the father and the child for evidence. Involuntary paternity is established through the court issuing an "order of paternity." However, the difficulty in proving fraud, duress, or material mistake of fact to vacate the acknowledgment is that the laws and court rulings of each state vary so be sure to consult with a licensed attorney. There are many instances when the father tries to challenge paternity to avoid paying. There are several common ways of defending against and/or proving a challenge to paternity in these kinds of cases. And, unlike the paternity form, there’s no notice to him of the legal consequences of his misplaced enthusiasm about the child. The mother or father seeking to determine paternity can file a “Petition to Determine Paternity.” The court will often order DNA testing of the child and father. In short, Pennsylvania erects some pretty high barriers to kids knowing their true father. The possibility of tainted lab results might be shown if the laboratory has a history of substandard results. 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. Paternity Tests Pennsylvania Call 1-800-837-8419 now to setup a quality paternity test. 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