Legal Question in Family Law in Maryland
Paternity Testing
I have 4 year old son. Father signed acknowledgment of paternity at hospital. I am not sure if he is t/father & requested genetic testing, hearing in Jan. Prior to birth & at hospital, I was threatened by father that he would take child if I told his family that it may not be his. Threatend that he would hurt me if I told. He did not want his family to know.I went along with it, out of fear. I have sole custody & he is ordered to pay child support which he does not pay currently (Show Cause hearing in Jan) & has been to jail for not paying before. He visits w/child. Now I am engaged & moved to MD. Fiance wishes to adopt son if ''dad'' is found not to be t/father. Never had the money b4 which is also why I never did testing prior. I really dont have t/money now but now that I have moved I feel better about it being harder to harm me once results are revealed. Also, my child has a birth defect & will need surgery. So its important to know paternity I would suspect & medical history.Cant contact other man. How willing is judge in granting Gentic Testing for 4 yr old? I attempted testing b4 but dad backed out after I payed. Dad does not deny and says its his son. But in contradiction states thats why he does not pay child support.
2 Answers from Attorneys
Re: Paternity Testing
If you already have a hearing scheduled in January
to request genetic testing and you have credible reasons for doing so, the judge should grant the request and order testing which will require that the father submit a sample of his DNA for the testing. The fact that the subject child in now fours years of age should be irrelevant.
Re: Paternity Testing
Judges in Virginia have always had the right to order genetic testing. As of 2001, parties may request it as well. Every child born of a marriage is presumed by the law to be the husband's. If there was no marriage, there is no presumption.
The common law used to forbid men challenging patermity once they accepted the responsibility for a child whether the child was genetically his or not. This law has changed that paternity can be challenged by competent ewvidence at any time.
You can force the issue at any time. Genetic testing is inexpensive if done through the Courts (like $179 for two parents and child).
If your husband wants to adopt this child then the best bet is that you rule this guy out. I would bring a paternity motion to make sure.
Good luck.
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