Legal Question in Family Law in Maryland

Re: paternity

I'm sorry, I don't believe you can relitigate this issue. The reason for this isn't strictly double jeopardy, which applies in criminal cases, but it's pretty much the same thing. I'm surprised the attorney (who I assume was with the state's attorney's office) at the time didn't insist on getting blood tests since this is standard procedure in paternity cases. Even that long ago, the blood test would have almost conclusively established whether or not the defendant was the father of your son.

Re: paternity

Double jeopardy does not apply to civil cases, only to criminal cases.

However, there is a parallel concept with civil cases such as the one related

to your question. This concept is the combined effect of res judicata and collateral

estoppel. These are fancy legal terms for saying that a matter once litigated cannot be

litigated again or a fact once found through litigation which relates to a similar matter brought

in subsequent litigation will not be adjudged again (whether by jury or judge). These

limitations must be raised properly by the defendant or they are waived, so you certainly could bring

the matter and hope that he does not assert these limits. Moreover, there are specific

reasons where the limits may not apply or can be circumvented. Other litigation techniques may

apply and there are other strategies. Although blood testing was available 20 years ago, it was

costly and, although I am not a scientist but could find an answer, possibly not as widely accepted or accurate.

Now the real issues. Why do you want to contest this matter? After having raised your son, why would you want him

involved? If the man has no conscience and no morals, why bother with him? Would not it hurt your son more to

know that such a man is his father? Unless there is a specific issue with intestacy or inheritance, I wonder why you

would raise the issue. Many times, especially when there are legal issues, having knowledge can be painful. Further information is clearly needed on my part. If all you want is for him to know who is father is,

there may be other courses of action and these we would need to discuss.

I am available at a reasonable rate if you should desire to pursue the matter.

Contact me at (410) 799-9002 or at [email protected]

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