Does the father have to step in if he was absent during pregnancy?

Full question:

If a mother of the child was with someone else (i.e., not the natural father of the child) during the months of pregnancy and 11 months after the child was born, and the child’s father did not have anything to do with the child during that time, will the father have to step in at this time? The child carries the natural father’s last name and also the natural father’s name is on the child’s birth certificate as the father.

  • Category: Paternity
  • Subcategory: Parental Rights
  • Date:
  • State: Pennsylvania

Answer:

If a man’s name is on the birth certificate and he is not the mother’s husband, he likely signed an Acknowledgment of Paternity. This means he has the same rights and responsibilities as if he were married to the mother at the time of the child’s birth. The child also has the same rights to the father as if they were married.

In Pennsylvania, child support must be paid until the child turns eighteen or graduates from high school, whichever comes later. The Pennsylvania Supreme Court ruled that parents cannot be forced to pay for college expenses unless there is a written agreement for such support. However, support may continue beyond eighteen if the child cannot support themselves due to a physical or mental disability. The amount of child support is based on the after-tax incomes or earning capacities of the parents.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In general, biological parents have the most rights over their children. This includes the right to make decisions about their upbringing, education, and health care. If a father is listed on the birth certificate, he typically has legal rights similar to those of a married father. However, custody and visitation rights can vary based on individual circumstances and court decisions.