Legal Question in Family Law in Maryland

Child Custody

I am a mother of a 4 year old son. I became pregnant with him by a married man(unknowingly). We had already broken up when I found out I was pregnant. I informed the biological father, but he did not want to claim responsibility because he was having issues with his wife. I tried to get him to be a father. I even took my son to see him twice while he was an infant, but he never made any actions so I left the situation alone. I got married before my baby was born so my husband's name is on the birth certificate and he has raised him with me since day one. The biological father was aware. Now, four years later the biological father wants to have rights and interrupt my family. He has never done anything for my son or been around. He never even made actions towards a paternity test until now informing me that he wants to. I want to leave things as they are. I don't want to confuse my son or interrupt his life. Legally can he obtain any rights or force himself in my baby's life?


Asked on 10/27/08, 9:50 am

2 Answers from Attorneys
Bill Wood Law Office of William C. Wood, LLC

Re: Child Custody

He can petition the court for a paternity test. If he is shown to be the biological father, he can file a petition for visitation. Ultimately, the court would decide whether to grant visitation based on the best interest of the child.

Read more
Answered on 10/27/08, 10:13 am
Robert Sher Wagshal and Sher

Re: Child Custody

If he seeks to establish his paternity and acquire visitation rights, you can counterfile an action for child support.

Read more
Answered on 10/28/08, 5:07 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland