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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

Paternity

Feb 12, 2014

She Claims I’m the Father of Her Child

Being informed that you are the father of a child or are going to be a father can be an extremely upsetting experience if you aren’t expecting it. Before you sign on as the baby’s daddy, take a few deep breaths and know that there are straightforward ways to protect your rights and determine whether you are, or are not, the biological parent of the child in question.

Taking the Paternity Test

If someone you know is claiming that you are the father of her child, even if the child is unborn, take a paternity test to determine whether this is indeed the case. The mother or mother-to-be in question can go through the court to order you to take a paternity test, so it may behoove you to take one on your own and clear the matter up as soon as possible.

It’s important that when you do take the paternity test, you purchase the legally binding paternity test, rather than a simple “informational” test. The legal one will hold up in a court of law. The paternity test will determine clearly whether you are the biological father of the baby in question.

Please note that if you are not married to the woman in question yet have been paying child support, signed an acknowledgement of paternity at the birth of the child or at some point later on, you could potentially be held accountable and responsible as the child’s father – even if the paternity is not yours.

Paternity Questions? Skilled Jenkintown Child Support and Divorce Attorney

Just because someone is claiming you are the father of her child, does not mean it is so. Before you allow yourself to sign any papers or start paying any support, discuss your situation and learn your rights with an experienced paternity and family law attorney at Joanne E. Kleiner & Associates, in Jenkintown, PA.

To schedule a confidential consultation with family law attorney Joanne Kleiner, please call 215-886-1266 or you can fill out our intake form and we will contact you.

Keeping you focused on the big picture and the issues that matter most…Joanne E. Kleiner & Associates. We serve clients throughout Montgomery, Bucks, Philadelphia counties, and the surrounding areas.

Apr 24, 2013

Jenkintown Paternity / Child Support Attorneys

A number of legal rights and obligations are at stake in determining the paternity of a child. Under Pennsylvania state law, fathers can be forced to pay child support for their non-custodial children, regardless of whether or not they were even aware they had a child. Alternatively, establishing paternity provides legal grounds for visitation and parenting time rights for fathers who want to establish a relationship with their son or daughter. In this way, mothers interested in receiving child support for their child and fathers who would like parenting time with their child can petition the court to determine paternity.
In order to establish the paternity of a child, the court will order that the putative father submit to a DNA test. Typically, this involves taking a cotton swab and swiping the inside cheek of the putative father to determine if there is a DNA match with the child.

Child Support and Paternity

While confirming the identity of your child’s father provides legal grounds for seeking a child support action against him, it’s important to remember that child support is intended for your son or daughter. Consequently, child support should not be considered a form of punishment nor should it be treated as exclusively your income; rather, it is for the maintenance and support of your child. In order to determine the amount of child support awarded, the court will use a formula determined by Pennsylvania state law that takes into consideration parental income, the number of children involved, health insurance costs, daycare costs, and other factors.

Other Legal Considerations Involving Paternity

While child support is an important factor in determining paternity, other legal issues come into play as well. For example, once paternity is established your son or daughter may have certain rights as an heir regarding their father’s estate. Additionally, depending on the age of the child involved, their father may be required to include them in their health insurance plan or list them as a beneficiary for certain kinds of death and Social Security benefits.

Fathers, Paternity, and Parenting Time Rights

Determining paternity can leverage a father’s rights regarding parenting time with his children. Regardless of whether or not you are listed on a child’s birth certificate as the father, if a court-ordered DNA indicates you are the father, you can petition the court for parenting time with your child. Here, however, it’s important to remember that the court will act in what it believes to be the best interest of a child. As such, the court may undertake measures to ensure you don’t pose a threat to your son or daughter. Once it’s determined that parenting time with you is in the best interest of your child, there is nothing their mother can do to deny you your parental rights.

Contact Paternity Family Law Attorneys at Joanne E. Kleiner & Associates

Regardless of whether you’re interested in obtaining a child support judgment against your child’s father or you’re a father interested in establishing your parental rights, we can help. To discuss your case and the legal options available to you, contact paternity family law attorneys at Joanne E. Kleiner & Associates today.

Sep 12, 2012

Common Paternity Issues in Pennsylvania (PA)

A home DNA paternity test can cost as little as $79 dollars, but it will not hold up in a court of law. A DNA paternity test that legally can establish paternity costs $230 or more in Pennsylvania. The issues of paternity, however, revolve around far more than money.

Single Moms

When a single mother has a baby, paternity of that child must be determined to resolve questions involving child support and child custody.  Once paternity is established, an order of child support will be directed to the father. Additionally, he can seek visitation rights or even child custody, in some situations.

Married But Not the Father

A mother may hesitate to address paternity if she does not want the alleged father to have anything to do with the child, or if she is married to another man who is not the father.

Sometimes, a paternity case involves a man legally acknowledging that he is the father of a child, but then he learns that the child in question is not actually his biological child. IT may take more than just a DNA test to set aside an acknowledgement of paternity, especially if many years have passed. If there is the slightest question about paternity, it is wise to take the DNA paternity test before signing the document of paternity.

When Grandparents Are Raising the Child

There can be occasions when the birth mother may not be able to parent her baby. The young mom’s parents may take over parenting, but they may refuse to allow the biological father access to the baby in question. The alleged father will need to take a paternity test to establish parenthood. Once that is established, he will then need to seek visitation or even custody of the child through the family court system in Pennsylvania.

In other cases, blood relatives of the child in question believe that the biological father is no longer alive. The father may not even know, however, that he has a child. If he does learn of the child and believes that he is the father, he will also need to establish paternity through DNA testing.

Paternity cases can be quite complex, and having an attorney who is experienced in representing clients involved in paternity cases can protect your rights and provide reassurance at every step of the way through these emotionally challenging situations.

Talk Your Situation Over With a Family Law Attorney – Southwestern PA

Contact the Pennsylvania law firm of Joanne E. Kleiner & Associates or call (215) 886-1266 to schedule a consultation with an experienced family law attorney.