court date next month
He told me he has the court date next month and is dreading it. Mainly worried about the financial burden it will bring. His wife will go with him for support.
From the email he forward me, one lawyer in PA told him
cut and pasted snipets.)
in PENNSYLVANIA if a man has been held out to be the father
of this child for the past 12 years, he is legal father regardless of what
DNA results may prove--unless he can demonstrate fraud. So, if the other man
in your case acted as father, and the child knows him as father, domestic
relations will look to him for support as he is legal father. This assumes
the child has no prior relationship with you.
If another man has been called father for 12 years, it will be very difficult for the mother to come after you for anything absent your consent. Once that door is opened, meaning once you consent to anything--even DNA, you face a very different scenerio. Even if this child is biologically yours, he's almost grown & you have had no contact. You can't ever get that back. And, if proven father at this stage, she can do much to prevent you from seeing this kid.
Your attorney said to send a letter denying paternity. That's a start, and the mother may just stop there. By the time she gets the courts to order a DNA, which they shouldn't do, more time will pass.
Generally speaking, the PA court would be interested in what the child has been led to believe. If the child has believed all his life that the other man was his father, has used the other man's last name, called him dad, shared a father-child relationship, etc., then he's the father.
Mother's letter would be admissible evidence, and should be very useful.
Well, he should have appealed the court ordered DNA test but he did take it and hopefully the judge or whoever orders child support amount will look favorably at him and find a fair amount. When I hear the results of his ordeal, I will post it.