The economic benefits of establishing paternity can be very high for all parties involved (the mother, any children, and the putative father). They may go on for many years, throughout the child’s adolescence, teenage years, and adulthood.
It’s essential to have a knowledgeable and experienced Howard County family law attorney with courtroom experience looking out for your interests through establishing (or challenging) paternity.
Whatever challenge you’re facing, a Howard County paternity lawyer can help. Call Coover Law Firm today at (410) 553-5042.
Why is it important to establish paternity?
In Maryland, a father has a duty to support his children until they turn 18 or longer in certain circumstances. Establishing paternity is a requirement before a Maryland family law Court can order that a putative (presumed) father be required to pay child support.
Therefore, a mother seeking child support from a man to whom she was not married is well advised to begin the process of establishing paternity as soon as possible, as delay may make establishing paternity more difficult and may result in a delayed order of child support.
Even where child support is not an issue, establishing paternity is essential for a child to be able to receive a share of a father’s estate when the father dies with or without a will.
Establishing paternity is also essential for ensuring a child is eligible for certain benefits they may be entitled to through the father, including social security, health care, and veterans’ benefits.
Finally, establishing paternity can be essential for gaining access to family health records, which may be necessary for a child’s present and future medical treatment.
What is the legal definition of paternity?
As a legal term, “paternity” is used to prove a person’s fatherhood. You have almost certainly heard the term before but may not have heard of voluntary assumed and involuntary paternity.
Voluntary assumed paternity
Voluntary assumed paternity involves both the mother and father signing a document and filing it with the vital records department. The office then puts the father’s name on the child’s birth certificate.
Married couples do not have to sign that document because it is assumed that the mother’s husband is the child’s father. Unmarried couples usually decide to sign and file the document to establish paternity.
Sometimes, a child’s biological father is out of the picture, or the mother may not know who the father is. In those cases, another man may sign the document if they are able and willing to fulfill all the responsibilities of being a father.
Involuntary paternity
If the man whom a mother believes to be the father of her child does not want or refuses to sign the declaration of paternity, the mother can take legal steps to establish the man’s paternity.
A Howard County paternity lawyer can help the mother:
Locate the alleged father and offer them the chance to acknowledge paternity voluntarily
Go through and sign an affidavit naming the alleged father
Schedule genetic testing (if the suspected father declines to test, the Court may determine paternity by default)
Obtaining and going through the results
The father can still contest the results of genetic testing, even if they confirm paternity. Paternity is officially established if the father fails to contest within 60 days.
How can you establish paternity in Maryland?
Three ways of establishing paternity are available to fathers in Maryland. If you wish to be legally named as the father of your child, speak with a Howard County paternity lawyer to understand the best option for you.
1. Affidavit of Parentage
A man can be established as the father of a child simply by signing an affidavit to be filed with the Court. This may be done at any time up until the 18th birthday of the child. However, signing the affidavit is voluntary, and a person cannot be compelled to sign it.
Even if a person has signed the affidavit, there is a 60-day window in which the affidavit can be rescinded so that it cannot be used to establish paternity.
2. DNA testing
Fathers who wish to establish paternity may visit a private lab and submit to genetic testing. You can find a lab or visit your Maryland Child Support Enforcement Administration branch to facilitate testing.
In cases where a voluntary affidavit cannot be obtained, the parties may need to go to Court to decide the paternity issue. This may involve court-ordered DNA testing (requested by either the mother or the assumed father) to determine who the father of the child is.
What are the Father’s rights in Maryland?
A father has the same right to a relationship with his child as does the mother, but unfortunately, many men are not aware of their rights, or they believe in outdated stereotypes that unjustly give priority to the mother.
In cases where the father is given primary physical custody, he has the right to collect child support from the mother, and he also has the right to use enforcement services if the mother fails to pay.
These are not modern attempts to “reverse” parental roles – in Maryland, child support is granted when a Judge sees that it is necessary not to “punish” either parent or make some political statement. Child custody and support issues will always focus on the child’s well-being.
Help with paternity issues in Howard County.
Our experienced Howard County paternity lawyers are here to help you with issues involving the establishment of paternity and family law matters. We will work with you to ensure that the process is fair and efficient and that your interests are asserted in Court. Contact a Howard County Family lawyer with Coover Law Firm today for help regarding your paternity law issue.
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Client Reviews
Fred “Chip” Coover is a principled Howard County attorney who is well versed in the area of divorce law. Intelligence and integrity are attributes that best describe him. He is an ethical and truthful attorney who provides good counsel and has the uncanny ability to anticipate actions of opposing attorneys. When new situations warrant, he is willing and eager to educate himself so that he is able to best represent his clients. Chip Coover is a true gentleman in an arena where straightforward behavior is often absent.
