Understanding Paternity Law

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Commonly Asked Questions about Understanding Paternity Law

How is the paternity of a child determined?

A paternity test is simple - the parents and child(ren) have their cheeks swabbed either in court, at a local clinic, or at a local Child Support office. DNA tests can determine the biological father with 99% accuracy.

What is presumption of paternity in Maryland?

Establishing paternity is the process of establishing the legal fatherhood of a child. In Maryland: If the mother is married at the time of conception or birth of a child, the law presumes her husband is the childs legal father even though he may not be the childs birth father.

How is paternity established in Maryland?

You can establish paternity using an Affidavit up until your childs 18th birthday. Signing the Affidavit is your choice. Once it is signed, it becomes a legal finding of paternity.

What happens if you have a baby with someone else while married in Maryland?

Marital Presumption In Maryland, if the mother is married at the time of the childs conception or birth, the law presumes that her husband is the babys father. A child born or conceived during a marriage is presumed to be the legitimate child of both spouses.

Does signing a birth certificate establish paternity in Maryland?

If you and the mother are not married to each other, you can only be listed on the birth certificate if you have signed an Affidavit of Parentage or a court has found that you are the father. You have the right to petition the court to have yourself declared the childs father.

What is the difference between legal paternity and biological paternity?

A biological father is identified by the man that indeed fathered the child, whereas, a legal father is the man that has the legal rights and resulting responsibilities to the child. A childs legal father can be established by biology, marriage, adoption, or court ruling.

What is the evidence for paternity?

Perhaps the most powerful evidence in a paternity case is the results of a court DNA test. These results are based on scientific analysis that compares the genetic material of the child with that of the alleged father.

What rights does a father have if he is on the birth certificate in Maryland?

Rights and Responsibilities After Establishing Paternity These rights include: Seeking custody or visitation: He may petition the court for either physical custody, to have the child live with him, or legal custody, to have a say in important life decisions for the child.