Legal Question in Family Law in Maryland

My husbands daughter is visiting from the caribbean for the summer. She was born in Ohio. Her US passport expired and he is unable to renew because his name is not on her birth certificate. The childs mother is refusing to sign the paternity afidavit. We had private DNA testing done and would like to move forward with getting the birth certificate ammended. In the mean time, we are unable to send her back due to the passport issue and unable to get her into school due to the birth certificate issue. Mom is also considering letting her stay for a year, but due to the same reasons we cannot move forward with that either. Mom doesnt understand the US system and thinks we want it ammended for the purpose of tax money. We need advice as to how we can work around her in the best interest of the child.


Asked on 8/05/11, 12:18 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You can file a court petition for temporary guardianship, also asking the court to establish your husband's paternity over his daughter. You would have to serve the court papers on the mother, and she could come here or hire an attorney to represent her interests if she wished to contest it. Consult with an attorney who is experienced in these matters, because they are complicated.

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Answered on 8/05/11, 12:42 pm


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