Legal Question in Family Law in Maryland

If a husband and wife have a baby and then the mother gives the baby her last name, is that legal? She claims her husband is the father. The mother and father are separated, but not legally separated or divorced.


Asked on 9/28/10, 8:41 am

1 Answer from Attorneys
Sean T. Morris Law Office of Sean T. Morris

In Maryland a child born to a married couple is legally presumed to be the child of the husband. Are you claiming that you are the true father? If so, and you want to challenge this presumption, you'd have to bring a legal action and present evidence that you, in fact, are the father and that it is in the child's best interests for you to be declared the father rather than the husband of the mother.

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Answered on 10/04/10, 6:08 am


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