Legal Question in Family Law in Maryland

paternity and child support

My husband and myself were married in maryland in 1995. Our son was also born in 1995, I was pregnant at the time we married and he knew it also. When our son was born he signed he was the father on the birth certificate. We separated in 1998 and I moved to pennsylvania with all my children. I then tried to file for divorce and child support. At that time he requested a paternity test and found out he isnt the biological father. I dropped the child support case but he insisted on being the ''father''. He still visits and assumes the dad role. Can I receive child support legally or not? I want to get a divorce but fear the child finding out and it will hurt him.


Asked on 1/26/04, 8:26 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: paternity and child support

Your husband shouldn't have it both ways. If he wants to assume the role of father, he should support the child. If he won't voluntarily support your child, you should seek alimony in your divorce action. Of course, if you know who and where the biological father is, you could file a paternity action against him, seeking support. You'll have to decide what effect all of this will have on your son.

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Answered on 1/26/04, 10:57 am


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