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The scenario may not be too common, but it happens: a couple splits up, but does not formally dissolve a marriage, and subsequently children come along. If the children are born to the woman from that couple, a question arises: is that man from the relationship presumed to be the father, even though the couple is no longer together? And another question: when there is another suspected father, will the court ever order genetic testing? There are lots of issues going on here, perhaps first and foremost the issue of legitimacy. In the Maryland Code (1974, 2001 Repl. Vol.), Estates and Trusts Article (“ET”) § 1-206, there is a (rebuttable) marital presumption that children born to a married woman are legitimate, what means that the husband is presumed to be the father. But, this presumption can be rebutted when certain circumstances arise. Whatever the particular circumstances may be, the rebuttal must be consistent with the best interests of the child principle.
A case in which this rebuttable presumption surfaced was the case of In re Katerine L. and Alex F. (2014). Among other things, this case shows us the difficulties encountered by the court when couples have a complex relationship history. Let’s examine this case in more detail.
Facts of the Case
The couple in this case (Mr. B and Ms. B) was married on August 30, 2000, and just one day later their first child was born. Although the couple split up soon after the marriage, formal divorce proceedings didn’t commence until well more than a decade later (in circa 2013). Between the time of the marriage and the time of the divorce proceedings, the mother gave birth to 5 children.
The mother and father had a complex relationship history characterized by an “on again, off again” dynamic, but apparently they had little to no contact for 5 to 6 years prior to the divorce proceedings. Before the divorce process began, the mother experienced significant health issues, at one point having to be sent to the hospital because of suicidal tendencies. Ultimately, CINA proceedings were initiated by the state because certain children were apparently being neglected by the mother. The father never had substantial or consistent contact with any of the children prior to the court proceedings.
The parties believed that Mr. B was definitely the father of 1 child, and so that child’s parentage was never an issue. But, there was uncertainty regarding the parentage of the other 4 children. The court ultimately ordered paternity testing on just 2 of these children, as testimonial evidence pointed toward a probability that someone other than Mr. B was the father. The court also stated that, in the event that the suspected father of a certain child, Katerine L., could be located, then genetic testing should be conducted; but, if the suspected father couldn’t be located, then the presumption would not be rebutted. Essentially, the court found that genetic testing was not in the “child’s best interests” in these cases, because the child’s best interests were served by maintaining the presumption of legitimacy.
Ruling & Discussion
The father, Mr. B, believed that none of these 4 contested children were his biological offspring, and so he tried to appeal the court’s order. Ultimately, he was unsuccessful, but only because the court stated that this order, as it stood, was not yet appealable. What readers should take away here is that these kinds of scenarios involving multiple suspected parents, complex relationship histories, and delayed divorce proceedings after a breakup, will inevitably complicate the divorce process and child related orders. This is why it is in the best interests of couples to formally dissolve their union before going separate ways. Not dissolving the union may seem attractive for whatever reason, but it will almost always complicate matters down the road.
On top of this, readers need to know that Maryland still adheres to the notion that children are “protected” by a presumption of legitimacy when born during an active marriage.
Contact the Murphy Law Firm for More Resources
To learn more about the rebuttable marital presumption on parentage in Maryland law, genetic testing orders, the divorce process in Maryland in general, or any other relevant family law matter, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-1187.
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