Legal Question in Family Law in Maryland

I am a married man who resides in Maryland. Approximately 2 years ago I had an affair with another married female in Delaware. She became pregnant and had a child. At this point, the married mother did not want anything to do with me. About 1 month ago, our spouses found out. At this point all parties have worked the issues out to remain married. What can the mother of the child ask from me? What can I ask from her. She does not want support from me and wishes to keep the child under the "Husband's name" so their other children will not know. The birth certificate was signed by him/her.

What can I be facing if this turns out to be different? They want (as well as I) to move on acknowledge the child as theirs.


Asked on 6/17/10, 7:10 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

The answer to your question depends on the law in Delaware. Under MD law, there would be a presumption that the child is that of the husband. So as long as the mother wants the situation to be as you described it, nothing need be done. However, if at some later date the mother decides she wants you to support the child, she could file a paternity action against you and ask the court to order you to pay support. Under MD law, your obligation to pay could not begin earlier than the date she files in court.

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Answered on 6/17/10, 11:00 am


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