Legal Question in Family Law in Maryland

Am I starting a fire I can put out?

I am at the tail end of a child custody case. I now want a paternity test done. (The child is between 9-13, I really wish not to state the age) But my Lawyer does not want to request it and said that I should have brought this up first thing. I do agree but I didn't. Every time I bring it up to my lawyer I feel it gets dismissed. I need some help. Is it to late? Would I be asking for more trouble if he turned out to be the father? How would the courts handle this?


Asked on 10/20/05, 2:19 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Am I starting a fire I can put out?

Your lawyer apparently thinks you're better off without the paternity test, even though these tests are virtually 100% conclusive. The usual date of conception is within the critical period, which is defined as 21 days before and 21 days after the 280th day before the birth date. It sounds like you're trying to prove he's not the father, to defeat his claim for custody. You would know best who you had relations with during the critical period, albeit a long time ago. Of course if he turns out to be the father, the question becomes who is better fit to be the custodial parent. The one who loses will be required to pay support for the child to the custodial parent.

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Answered on 10/20/05, 4:15 pm


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