Legal Question in Family Law in Maryland
alleged father wanting paternity test
Can a paternity test be administered without the mother's consent? Alleged father wants on mother will not agree to one. She told him he was not the father when she became pregnant, they broke up for some reason he claimed responsibility, but she always uses the child as leverage. He takes excellent care of the child, his name is not on the birth certificate, nor did he sign any documents. We need help
2 Answers from Attorneys
Re: alleged father wanting paternity test
Call an attorney first...... I only recommend this because
the process can get very difficult. An attorney will be able
to explain the process to you (which is easier in person than on
the phone or email).
Second, I suggest that if the father wants a paternity test
that he should file for a custody / paternity suit in the
Circuit Court for the county in which the child lives.
Third, a Court can order a paternity test over the objection of
either party.
Re: alleged father wanting paternity test
An alleged father can petition the court for a paternity test by filing a Complaint for Paternity. The court can order that the mother and child be tested. It is necessary that both parties and the child be tested to determine the probability that the alleged father is indeed the father. If the test demonstrates a high degree of probability that the alleged father is the father, he may wish to ask the court for custody or for court-ordered visitation which will make it more difficult for the mother to "use the child as leverage." You don't say what sort of leverage she uses the child for, but I am assuming it has something to do with threatening to deny access to the child in order to get some financial or other advantage. A court order will eliminate opportunities to use the child in ways which are not good for the child. You will need a lawyer to represent the alleged father, because the case will not be a simple one.