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Maryland Motion for Dismissal Due to Nonpaternity of Child

State:
Maryland
Control #:
MD-JB-069-05
Format:
PDF
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A05 Motion for Dismissal Due to Nonpaternity of Child
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FAQ

If a biological father wishes to terminate a non-biological father's parental rights, they must file a paternity claim in family court. If the court agrees to hear the case, the biological father may present arguments and evidence, such as paternity or DNA tests, that support why their request should be granted.

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.

For example, in a paternity fraud case, the judge may hold a person in contempt for lying or falsifying information about the paternity test. When this occurs, the judge may issue a contempt order, which can result in criminal charges.

Terminating Parental Rights Any individual can file a petition in the court for guardianship or adoption before the child attains 18 years of age. A parent's rights can also be terminated by the local Department of Social Services by filing a court petition.

As such, the termination of parental rights is very rare. While you may feel that your deadbeat ex isn't worthy of the privilege of time with your child, the courts look on the matter differently, taking a child's needs and well-being into account over a parent's personal grievances.

Child abandonment occurs when a parent, guardian, or person in charge of a child either deserts a child without any regard for the child's physical health, safety or welfare and with the intention of wholly abandoning the child, or in some instances, fails to provide necessary care for a child living under their roof.

In order to terminate their rights, a petition to terminate an absent parent's parental rights will need to be filed in family court.However, in situations where the other parent is also absent or deceased, another family member, legal guardian or state agency can request that parental rights be terminated.

If you wish to challenge paternity, the process begins when the legal father files a Petition to Disestablish Paternity. In a court of law, disestablishment of paternity may be granted under these circumstances: If the child's mother, biological father and legal father voluntarily consent to change the status.

In Maryland you cannot simply sign over parental rights. If there is another person who wishes to adopt your child(ren) then the adoption would terminate your parental rights. However, you cannot simply terminate your rights.

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Maryland Motion for Dismissal Due to Nonpaternity of Child