It ensures that a child receives both parents’ financial and emotional support, providing them with a sense of security and emotional stability throughout their upbringing. Whether you are a mother or father, you should consult with a paternity lawyer to take the first step in establishing your child’s future. Call today to speak with a skilled family attorney at Nguyen Roche Sutton.
Establishing paternity is a critical legal step that defines the relationship between a father and his child. In Maryland, the law provides several pathways to establish these rights and responsibilities, ensuring that children receive the support and recognition they deserve. Whether parents are married or unmarried, understanding the nuances of Maryland’s family law is essential for protecting the interests of all parties involved.
In the State of Maryland, the law operates under a “presumption of parentage” when a child is born to a married couple. If the parents are legally married at the time of the child’s conception or birth, the husband is automatically assumed to be the legal father. His name is typically placed on the birth certificate without any additional paperwork.
However, this presumption is not always absolute. If a husband believes he is not the biological father, or if the mother asserts that another individual is the father, the legal presumption can be challenged. In such cases, one or both parties may request a court-ordered DNA test to rebut the presumption. Disestablishing paternity is a complex legal process that often requires the assistance of an attorney to ensure that the legal records are corrected and that financial obligations, such as child support, are appropriately adjusted.
When a child is born to parents who are not married to each other, paternity is not automatic. Until legal action is taken, the child technically has no legal father in the eyes of the state. There are two primary ways to resolve this: voluntarily through an Affidavit of Parentage or involuntarily through a court order.
The most common and straightforward method is the Affidavit of Parentage. This is a voluntary legal form signed by both the mother and the father. This form can be completed at the hospital immediately following the birth, or it can be taken home and mailed to the Maryland Department of Health and Mental Hygiene at a later date.
By signing this document, both parents acknowledge under penalty of perjury that the man is the biological father. Once processed, the father’s name is added to the birth certificate. It is important to note that once the “rescission period” (usually 60 days) has passed, this form becomes a legally binding commitment. Overturning an Affidavit later requires a high burden of proof, such as evidence of fraud, duress, or a material mistake of fact.
If one parent is unwilling to sign an Affidavit, or if there is uncertainty regarding the biological father, a paternity action can be filed in the Circuit Court. This can be initiated by the mother, the man who believes he is the father, or even the State’s Attorney’s Office if the child is receiving public assistance.
In these cases, the court will typically order a DNA test. Modern genetic testing is highly accurate, often exceeding 99% certainty. If the test confirms a biological match, the court will issue an “Order of Filiation,” which legally declares the man to be the father. This order carries the same weight as a birth certificate and triggers the father’s legal rights and obligations.
Laws are in place to ensure that both parents share equal responsibility in raising a child. While the custodial parent (often the mother) benefits from sharing the financial burden, the most significant impact is on the child.
Establishing paternity provides a child with a sense of identity and several tangible advantages:
Paternity is not just about obligations; it is also about rights. A legal father has the standing to petition the court for legal and physical custody or visitation (parenting time). Without established paternity, a father has no legal right to participate in major decisions regarding the child’s education, healthcare, or religious upbringing.
If the mother is married to someone other than the baby’s father at the time of conception, the Affidavit of Parentage will not be an option for establishing paternity. The husband is automatically assumed to be the baby’s father, making it difficult for them to contest paternity.
Removing paternal rights from the husband can only be done if he insists and seeks genetic testing. In most cases, it also requires the assistance of the courts and a legal team.
People who wish to establish paternity for a child may do so at any time within the first 18 years of that child’s life. There is also no time limit set for a person to challenge paternity. However, it can become more difficult as the child ages.
For instance, a person seeking to rescind an Affidavit of Parentage must complete it within 60 days of signing the original affidavit. This form will not be canceled if it is beyond that time without seeking help from a judge.
An Owings Mills lawyer from Nguyen Roche Sutton could answer any questions their client has during a consultation.
Anytime paternity is in question, you should know your rights and responsibilities. A seasoned legal team focusing on family law could help you prove or contest fatherhood or seek financial assistance from someone who denies their responsibility.
When you need to discuss your situation with an experienced and knowledgeable professional, call our paternity lawyers today.
Owings Mills
500 Redland Ct,, Ste. 212
Owings Mills, MD 21117
Maps & Directions
Phone: (443) 238-0160
(By appointment only)
Baltimore
6 E. Eager Street
Baltimore, MD 21202
Maps & Directions
Phone: (443) 238-0160
(By appointment only)
