Establishing Paternity in Maryland Family Law

Published on
June 1, 2022
Written by
Angel Murphy
Category
Custody and Child Support

Paternity is the legal process of establishing the legal rights of a child’s biological father. In the State of Maryland, there is a presumption regarding paternity when a child is born in wedlock. If a child is born outside of wedlock, paternity becomes a bit more complicated. There are two methods of establishing paternity when a child is born outside of wedlock. In this post, we will discuss the presumption for married couples, and then go over the two methods for unmarried couples in detail.

Establishing Paternity for Married Couples

If the mother and father of a newborn child are married before the birth of a child, then that child’s paternity is already established as a matter of law. In other words, the husband of the mother is presumed to be the biological parent of the child. Hence, no other paternity action is necessary, and the father will be included on the birth certificate. If the father isn’t married to the mother of the child at the time of birth, but marries the mother shortly afterward, then paternity can potentially be settled. But this method depends on the circumstances to some degree.

Establishing Paternity for Unmarried Couples: Affidavit or Court

Outside of these methods, there are two other methods which can be taken to establish paternity in Maryland. These methods are for parents who were unmarried at the time their child was born. The first method requires that the father signs something called an “Affidavit of Parentage.” This is essentially a sworn statement which is signed by the father and witnessed by multiple parties. Once the affidavit is signed, it becomes a legally binding document and is quite difficult to overturn. This is why fathers need to be certain about parentage before signing this statement. If necessary, you should conduct a genetic test to ensure that the parentage is correct.The other method is to go to court with a formal paternity action. In some cases, these actions are initiated by a government attorney working on behalf of the CSEA, the Child Support Enforcement Agency. Basically, if no one signs an affidavit, and the parents were unmarried at the time of the birth, then a court action may be necessary to settle the issue of paternity. This means that the alleged father can come forward and settle the matter voluntarily, or a trial can be held to determine paternity. Evidence will be presented, and then a judge will make a determination which becomes legally binding. This judicial determination is referred to as a “judgment of filiation,” and represents the fact that paternity has been conclusively determined.

Ramifications of Paternity

Paternity is an important matter for a variety of reasons. For one thing, paternity is necessary in some cases in order to obtain court-mandated child support. In the event that the biological father and mother separate, paternity may be needed to obtain this support. What’s more, paternity enables the biological father to request modifications to child support and also visitation rights with the child. Children also benefit as well. When paternity is established, children can obtain numerous benefits from the father, such as Social Security, inheritance rights, and others.Contact the Murphy Law Firm for More InformationEstablishing paternity can be a complex process when there is a legitimate dispute over the identity of the biological father. This is merely an overview of this process. For more information, contact the Murphy Law Firm today by calling 240-493-9116.

Angel Murphy

Personable. Passionate. Persistent.

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