Get Order Disestablishing Paternity And/or Terminating

The legal father is challenging paternity based on newly discovered evidence that he is not the biological father, usually through DNA testing.

If it has been more than 60 days since the signing of the Affidavit of Parentage, the legal father may file a motion either to start a court case, or a motion within an ongoing court case pertaining to the minor child, requesting that paternity be disestablished, requesting genetic testing, or both.

Abstract. Paternal discrepancy (PD) occurs when a child is identified as being biologically fathered by someone other than the man who believes he is the father. This paper examines published evidence on levels of PD and its public health consequences. Rates vary between studies from 0.8% to 30% (median 3.7%, n = 17).

A husband is presumed to be the legal father of a child born of a marriage. Only a judge can disestablish the husband as the child's legal father before a Complaint for Support can be filed against another party. A birth certificate does not constitute paternity in Pennsylvania.

(5) "Disestablish paternity" means to attempt to overturn or reverse a final and enforceable determination of paternity.

Paternity disputes occur when the father claims that he is not the biological father of that child and refuse to take the responsibility of the child, however the mother claims that the man is the biological father of her child. The question of disputed paternity may arise in cases of (Khaganwal; 2012): 1. Illegitimacy.

To disestablish paternity or terminate a child support obligation, the male must file a petition in the circuit court having jurisdiction over the child support obligation. The petition must be served on the mother or other legal guardian or custodian of the child.