The Superior Court of Pennsylvania recently issued a decision in the case of In the interest of: B.C.O., No. 1041 WDA 2013, which prohibited the alleged or putative Father from obtaining a paternity test. The facts of this case are of interest in that typically when the court applies the Doctrine of Paternity by Estoppel, the court’s determination is based upon the conduct of the mother and father.
The conduct which the court is reviewing is whether father has been caring for the child in some manner and if there is an established relationship between the father and the child. Pennsylvania statute 23 Pa.C.S.A. 5104(c) provides that upon motion of any party to a child custody matter, the court shall order the mother, alleged father and child submit to blood test. Prior Court decisions have held that the right to a paternity test in not absolute. Miscovich v. Miscovich, 688 A.2d 726 (Pa. Super. 1997).
The trial court in this case, determined that the Doctrine of Paternity by Estoppel applies to cases in which the alleged or putative father has abandoned the child. The court went on to hold that it should also consider the best interest of child when determining if the doctrine of paternity by estoppel should be applied. If you think you have fathered a child of if you are unsure if you have fathered a child and live in Bucks County, consult with a Bucks County divorce lawyer.