Legal Question in Family Law in Maryland
Paternity Acknowledgement Rights
My husband and I have a child who is not his biological daughter. She is the product of an affair 10 years ago. I notified the biological father 1 month after the child was born. Since my husband had cancer we used alternative methods to conceive he assumes that she is a test-tube baby, but has never brought this up. Husband's name is on birth records. Now bio father is demanding that I tell child who HE is. His brother has been calling me and harassing me via phone. My husband is not aware of this.
Basically my child believes bio father is friend of mine and call him uncle, which he had no problem with until recent. He only acts up when he and girlfriend have fights.
My child is in a very loving and good relationship with her DAD(my husband) she is very close to him and I feel this information being presented to her would only cause confusion and resentment. I have asked the bio father to please wait until she is 21 then she can decide if she wants to pursue a relationship with him. He has never paid me money nor have I asked for any in regards to child's upbringing. Can you offer any advice?????
2 Answers from Attorneys
Re: Paternity Acknowledgement Rights
Maybe you need to sit down with the bio father and tell him exactly what you stated in your post. If he cares at all for your daughter, he'll respect the fact that the revelation of his real status to her would only harm her, and could also be seriously detrimental to your marriage as well. He's already part of her life, albeit as an "uncle". Not to mention the fact that he's been relieved of the responsibility for child support, at least up to now.
If you think he's bent on telling her that he's her bio father, you may have to bite the bullet and sit down with both your husband and daughter and tell them first. If it comes to that, hopefully you can do it in a way that minimizes the pain, emphasizing that nothing is going to be change in the family. I would also tell the bio father that if he doesn't accede to your wishes, you'll see to it that he never sees her again--but only if it's necessary to bring it to this point.
Re: Paternity Acknowledgement Rights
You need to discuss this matter with an attorney. General information
is provided on LawGuru and it appears that you seek specific legal advice. There
are several factual inquiries that are needed as well as information about your past
and present circumstances.
Generally, Maryland law provides the following: A child born during wedlock is
presumed to be the progeny of the wedded spouses. A child recognized as natural to
a married couple is usually not disturbed where a third party interposes. A best interest
analysis applies and this is very fact specific. You will need to discuss the best interest
analysis with an attorney.
The biological father MAY not have any legal right at this point. You need to protect your legal rights; do not do anything unless you contact an attorney. You likely will need legal assistance
should he attempt to force paternity. This will require a court filing on his part. This MUST be
addressed in a specific manner to protect your interest, your spouse's interest, and most importantly the privacy
of your child.
These matters can often be emotionally charged. The assistance of an attorney is indispensible when addressing this aspect alone. There are several issues
that require balance and an attorney can assist you with finding this balance.
I hope this helps. Should you need assistance, please contact me by phone at (410) 799-9002 or by return e-mail.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
