Legal Question in Family Law in Maryland
Paternal rights
During an affair with a married woman a child was conceived. The woman has told me that I am the biological father, but the ex-husband has accepted all paternal rights and responsibilities. Do I have any legal right to request a blood and/or DNA test to determine paternity? Does the ex-husband have to agree to the testing of the child if the mother has sole custody?
1 Answer from Attorneys
Re: Paternal rights
I was just talking to another lawyer about this question
and we both feel that there's no real simple answer it.
If the ex believes that he is the father and has been acting
as such, the law presumes that he is and unless
he is looking to get out of his responsibilities
you could have an uphill battle. A lot would
depend on what the mother is going to say in court (as
opposed to what she is telling you).
It would be an interesting case if you decided
to pursue it...
Lowell