Legal Question in Family Law in Maryland
Child Custody / paternity testing ~harmful or not
I am in the middle/tail end of a child custody case in AA Co. I now want to do a paternity test, would this hurt or harm my case in any way? Would it hurt or harm my case if it turned out he was the father of the child? The child is 11 yrs old, he is listed on the birth cert., but we were not legally married nor did he sign any paperwork at all. He has no clue of the potential that he might not be the father.
I also wanted to know at what age children can testify?
2 Answers from Attorneys
Re: Child Custody / paternity testing ~harmful or not
If I understand your scenario, you and the "father" are contesting custody. Presumably the two of you have co-parented the child since her birth, even though you weren't married, and she regards him as her father. So it would probably be hard on her if a paternity test determines that in reality, he's not. And if the test proves he is the biological father, and your daughter becomes aware of your insistence on the test, she might resent you. Legally speaking, though, it would give you a superior claim to custody.
Re: Child Custody / paternity testing ~harmful or not
Compelling a test for paternity may or may not be in your best interest. It may not be in your child's best interest. There are many facts to consider and you should contact an attorney for representation at a hearing.
You should not assume that any determination as to paternity is or is not beneficial to all the matters pertaining to your situation. Contact an attorney to discuss your matter.
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