Tag: children


Legal Issues and Paternity in Pennsylvania

Posted by HKHLaw – October 5, 2012

Pennsylvania paternity cases fall into two general categories, those involving children born during marriage and those with children born outside of wedlock.

Intact Marriage

Pennsylvania law has historically maintained that children born to intact marriages are considered to be the children of the husband. In those cases, the identity of the biological father is not even considered and genetic testing is not permitted except under very limited circumstances. A recent Pennsylvania Supreme Court case involving an intact marriage may signal that the standard for paternity in intact family situations may be changing to emphasize the best interests of the child.

Out of Wedlock

When children are born out of wedlock, paternity is often established by blood and/or genetic testing (if paternity is not acknowledged by the father of the child at some prior time). Both married and unmarried fathers may be prevented from contesting paternity where the individual holds the child out to be his own and either receives the child into his home or provides support for the child.

What is a Cohabitation Agreement and Why Might You Need One in Pennsylvania?

Posted by HKHLaw – September 1, 2012

Some people just want to live together without the benefit of marriage or would like to get married but can’t because of legal prohibitions such as Pennsylvania’s refusal to recognize same sex marriages.  Such couples often have as sophisticated and complex financial interrelations as do many married couples.

Similar to a prenuptial agreement, a cohabitation agreement can set forth what will happen to jointly owned real estate, bank accounts, and other assets and can, in some instances, deal with issues of child custody and support whether the couple has had a child naturally or by adoption.

One thing no agreement can do, whether it be a cohabitation agreement, post-nup, mid-nup or a prenup, is eliminate or reduce a parent’s obligation to financially support a child or significantly alter a parent’s custodial rights.  However, in some relationships such rights do not exist in the first instance, such as step-parents, some surrogacy situations, etc.  One parent may be a natural or adoptive parent but the other half of the couple may have no otherwise legally cognizable rights.

A cohabitation agreement can at least establish the intentions of the parties and the desires of the parties in such situations at a time when the parties had an amicable relationship rather than first trying to establish what those intentions were, perhaps years ago, in the midst of a hostile dispute when there may be strong motives to deny original intentions.