Maryland Paternity Law and Procedure Handbook
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FAQ
Issue #2: Property Division More commonly, people use the term 50/50 to refer to how money and property is divided in the divorce settlement. Maryland is an equitable distribution state, as opposed to a community property state.
When children are born to an unmarried couple, either the mother or the father can pursue custody, so long as paternity has been established. In a Maryland child custody case, the court will award both legal and physical custody.
If a mother refuses to determine paternity for legal reasons, a court can order a paternity test be carried out. A mother has to give her consent for children to have a DNA test but the court can override any refusal if it considers it's in the child's best interest for the sample to be taken.
Establishing paternity ensures a father's legal rights and various rights and privileges for their children, such as rights to inheritance, father's medical and life insurance benefits, and Social Security and veterans' benefits, plus access to paternal family health history.
There are no set rules on who will automatically get custody of the children. In Maryland, like many other states, the one ultimate standard in determining custody is what is in the best interest of the child. There are statutory factors that the court must consider to determine the best interest of the child.
Birth certificate. If a birth certificate declares the father and he signs it, this is a legally binding qualification of paternity. DNA test. Court order.
Maryland law allows you to establish paternity through a court order or through an Affidavit of Parentage form. If the issue of paternity is contested and cannot be resolved through genetic testing alone, a judicial proceeding may be scheduled to decide the issue of paternity.
Generally. Maryland law presumes that both natural parents are the natural custodians of their children. The law does not favor either the mother or father.Either of the separated parents may petition a circuit court in Maryland for custody of a child.
Chadwick Hodge, that a man may sue a woman for paternity fraud. A man who has been told by the mother that he is the father of her child can sue her if she is lying.He may also bring a civil action for paternity fraud against the mother to recover damages and any emotional distress.
