Court Rules on Case Involving Disputed Paternity

Paternity issues have serious legal and financial ramifications. Where there is a dispute over the biological parentage of a child, the court must weigh the interests of the child, the parents, and the justice system, all while ensuring the truth is revealed in a fair manner. In this article, the Philadelphia family law attorneys at the Law Office of Lauren H. Kane will discuss a case involving a paternity contest.

Background of the case

This case began as a paternity and child support case against the father. The question arose as to whether the father was, in fact, the biological father of the child. The mother was requesting child support. As is often the case in modern-day paternity cases, the father attempted to use scientific evidence to prove or disprove his status as the biological father.

The father requested that the court allow him to perform a DNA test, which could prove once and for all whether he was the father or not. Such evidence has become a major factor in determining paternity in modern-day cases, as such evidence can often give clear answers to the question at hand.

The trial court, in this case, refused to allow the testing evidence to be admitted into the case. The court then went ahead and allowed funds in escrow to be used to pay child support.

The father felt that the trial court made a mistake in the way in which it handled the evidence in the case, so he appealed the decision to Pennsylvania’s Superior Court.

The appeal

On appeal, the father argued that the lower court had abused its discretion in failing to allow the genetic testing evidence, which could have settled the question of paternity once and for all. The father argued, from his perspective, that the lower court’s refusal to consider genetic evidence had denied him the opportunity to contest the question of whether or not he was the biological father.

The Superior Court in Pennsylvania reviewed the father’s appeal and determined whether the lower court had committed any reversible errors in the way it handled the case. Ultimately, the appellate court upheld the decision of the lower court and determined that the lower court had not abused its discretion in failing to consider the genetic evidence.

In making its decision, the Superior Court recognized the discretion afforded to the lower court in terms of the way in which evidence is presented and the way in which family law cases are handled. Unless the decision is unreasonable and in direct contradiction to the law, the appellate court is not likely to intervene.

Talk to a Philadelphia, PA, Family Law Attorney Today

The Law Office of Lauren H. Kane represents the interests of Philadelphia residents who are looking to establish or disestablish paternity. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/pennsylvania/superior-court/1997/455-pa-super-437-2.html