Legal Question in Family Law in Maryland

My name is victoria lee and I am trying to contest paternity of my 5 year old son. When I had him in 2004my ex whom i believed was the father sign the affidavit of parentage and then I realized shortly after that it was possibly another mans child. I spoke to a custody lawyer so that I could possibly get a dna test because I am 99percent sure that the other man is the father and she told me that I should just leave it alone because it would look bad on me during the custody hearing if I brought it up even though I had already told the man who signed the affidavit that he was not the father. I have been trying since 2004 to get things changed because my ex got physical custody of my son in 2006 because i did not have a stable place to live and he lied on me in court. Since the order was placed,however, my son has been living with me and the only time my ex would take him was when we got into an arguement and then he would pull out the custody papers and call the police. I desperately need some help. I know where the true father is and have tried to contact him but he wont answer. MY ex and I now have a daughter together and he is now trying to get custody of her based on the papers on my son. Please help. He continues to hide my children away from me and then makes false reports to the police to make me look bad and to have something against me in court. His uncle is a police officer so he gets his uncle to lie for him also.


Asked on 11/27/09, 3:55 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You need to file a petition to modify (change) custody and also a paternity action against the real father. That would entitle you to a dna test with the man whom you think is the father, and should settle that issue. You could also then seek child support from the real father. You will need an experienced family attorney to represent you in these cases. If you cannot afford your own attorney, contact the bar association in your county and inquire about their pro bono or reduced fee attorney programs.

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Answered on 12/02/09, 4:35 pm


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