Legal Question in Family Law in Maryland

Re: Maryland Paternity Laws

You and the other gentleman who has already acknowledged paternity should get together and file a joint petition in the county where he previously appeared, the purpose of which would be for him to withdraw his acknowledgement and for you to enter yours. Forensic evidence establishing that you are in fact the biological father should be presented to the court. The mother will have to be notified and given an opportunity to participate. If the MD court accepts your acknowledgement, that order can then be presented to the NY court, which would be the more appropriate court to take up the issues of child support and visitation.

Re: Maryland Paternity Laws

Your question presents several matters relating to independent areas of law.

First is the sufficiency of evidence that you are the real father. You say "you found out you

were the father" but what supports this conclusion. Did you participate in a DNA test that

concluded with a high probability that you are the father? What was the probability of the test that

the other man took? Does the mother admit to sexual intercourse with you and was such at a time where you could be the real father? These are some of the evidentiary matters presented by your question.

Second, and not least, are the family law matters. Why did the man sign the Affadavit of Paternity? Was he being held out to the public as the child's father? Does the child view him as being his father?

Assuming the evidentiary matters above, and possibly other matters, are resolved in this accord, do you want to be the child's father? Who would be a better father, you or the man who had erroneously claimed paternity?

Even though the Affidavit of Paternity may have been effected in error, Maryland Courts do NOT have to rescind its legal authority and this is so even if all the evidence above proves absolutely certain that he is not the father (this

is indepedent of an analysis of whether you are the father). The law has a view that it may be in the best interest of the child to leave the matter as it is and to not correct the past error.

The assistance of an attorney with this matter is highly recommended. Filing a claim that is subsequently dismissed may incurr additional burdens that are difficult to overcome.

I am available to assist you on this matter.

G. Joseph Holthaus III

(410) 799-9002