Is proof of paternity necessary to file for child custody?
In Pennsylvania, proof of paternity is generally necessary to file for child custody. A paternity action is a legal action that establishes the identity of the biological father of a child. Paternity can be established through a paternity action or an acknowledgement of paternity. Without a paternity action, the mother has sole legal and physical custody of the child, and the father has no rights to the child. In Pennsylvania, there are several ways to establish paternity. If the parties agree on paternity, they can both sign an Acknowledgement of Paternity form, which is available from the Department of Human Services and many hospitals. This form is binding and establishes the father’s legal relationship with the child. If the parties do not agree on paternity, a court action may be necessary. The alleged father can then be served with a Complaint for Paternity. The father must then decide if he wants to admit or deny the paternity claim. If the father denies paternity, he can petition the court for a DNA test that will scientifically prove the identity of the biological father. Once paternity is established, the parties can enter into a custody agreement and can file a joint Petition for Custody or a party can file a Complaint for Custody if the parties cannot reach an agreement. Without a paternity action, the mother has sole legal and physical custody of the child, and the father has no rights to the child.
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