Legal Question in Family Law in Maryland

Re: Leagal rights

The father has a right to visitation which he could obtain by requesting the court to award vistation to him. You should definitely seek a court order for support without regard to the issue of visitation. If the father is working or capable of working, he is required by law to support his child.

Re: Leagal rights

Whether he signed the birth certificate or not, he may claim to be the father or you may choose to have this proven. His visitation with his child will determine much as to whether he will have a chance at custody (e.g., physical and legal custody).

You may benefit by filing early upon him especially where child support is an issue. He has a right to visitation and, whether he pays child support or not, you have no basis to avoid his visitation unless you get a court order of 100 percent custody without a right of visitation. Other than these comments, I believe the other attorneys have answered your question in full. If you require the assistance of an attorney, contact me at (410) 799-9002.

Re: Leagal rights

There is no legal connection between the right to visitation and the obligation to support a child. Although the father's name is not on the birth certificate, if he is the father he has an obligation to provide support, and you should file for it. He may deny that he is the father, and if he does, the court will order blood tests to determine whether he is the father or not. If he is, he will have to pay support. He may then demand visitation, whether he really wants it or not, and in most circumstances a court will conclude that he has a right to visitation. He may even file for custody, but the chance of his being awarded custody are slim, unless you are a terrible mother. If he does ask for visitation, I would advise you to be cooperative but not let him have unreasonable visitation, such as over night visits before the child knows him and is comfortable with him, or visitation in a home which is lacking suitable provisions for a small child. You need to be aware that until there is a court order granting you custody, both parents have equal legal rights to custody of the child. It would be a wise thing for you to do to file an action for custody of the child at the same time that you file for child support. The court will almost certainly award you custody, especially since you have had the child in your care since birth, and then you will have no worries about the father taking him away. You should find a good family law lawyer to represent you in this, since going to court without a lawyer in a custody action is risky.