Legal Question in Family Law in Maryland

Re: Clarify

The granting of visitation does not establish a parent/child relationship. As for your first question, a biological father might be able to establish paternity in the situation you describe, but he would be extremely unlikely to gain custody unless the custodial parents are doing a rotten job as parents. Paternity could be demonstrated by blood testing, but the court may or may not order significant involvement in the child's life after those many years have elapsed. Maryland courts have held that while there is always a presumption that the husband of a woman bearing a child is the father, that presumption can be overcome by convincing evidence. The courts have also held that when a non-biological father has held himself out as the father, has been generally considered to be the father, and has had a parental relationship with the child for a significant period of time, the law will continue to consider him the father and will not disrupt the relationship regardless of evidence that someone else is the biological parent.

Re: Clarify

There is no clear cut response to your inquiry and you did not provide enough facts whereby additional information about Maryland law could be provided. Many factors come into play. Case law supports both sides. The test is the "best interests of the child". However, Constitutional matters may also be asserted. Maryland does have a case which says that it is not in the best interest of the child to disrupt the balance that has been established. This line of reasoning is based on the child's perception of self and his/her association with those seen as parents. But there is equally persuasive case law to the contrary. An attorney's assistance is HIGHLY suggested.

Granting of visitation is legal right that is not physical or legal custody. However, while visitation exists, the supervisory adult has temporary physical custody in a practical sense that is analogous to any other adult given authority over the child (i.e., a babysitter, child care, etc.). Visitation, in and of itself, does not create a "parent"/child relationship in a legal sense. But then there is the practical matter that the child may view the adult as a parent or mentor. This should have been brought forward during the visitation hearing. Basically, you simply cannot view these matters in a strict legal sense as practicality comes into play. Where a bio parent wants to be part of a child's life and a formal adoption did not previously occur, it is difficult to stop the bio parent from having visitation with the child. A court would not likely view visitation by the bio parent as against the better interest of the child, but then there are many factors that come into play. Again, you should seek the assistance of an attorney.