Articles Posted in Paternity

State courts take very seriously the issue of child support in any family law proceeding. Certain local agencies even have the authority to file a complaint against a party who has not met his or her obligation to make child support payments under a court order. This authority serves to protect the financial interests and overall well-being of a child, who is unable to advocate for him or herself. In most cases, it is clear who is obligated to make such payments:  one or both of the child’s parents.  But there have been cases in which the issue of “parentage” or paternity has come into question, resulting in a further question as to who is obligated to financially support the child. If you are facing any family law issue, including child custody or support matters, it is important that you contact a local Maryland attorney who is fully experienced in the field.

Establishing paternity is the first step to securing a child support order.  In a recent Maryland family law case, Davis v. Wicomico County Bureau of Support Enforcement, the local agency sought to enforce a child support order issued against the “father,” Justin Davis (appellant in this case). Here, the mother, Jessica Cook, gave birth to twins in December 2009.  Shortly after the birth, both parties, Davis and Cook, signed affidavits of parentage, attesting that Davis was the “natural father” of the twins.  They were given his last name.

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Under Maryland law, children born or conceived during a marriage are presumed to be the legitimate children of both spouses. The issue of paternity is important to settle as early in a child’s life as possible, for emotional, financial, and legal reasons. Once a man is determined to be the father, he is under a legal obligation to support the child. In some cases, a person may attempt to dispute paternity and any resulting court order regarding child support or custody issues. This is a matter that courts take very seriously. If you are facing a paternity, child custody, or support matter, it is important to contact an experienced family law attorney who can help to preserve and protect your legal rights.

This law referenced above does not take into account a situation where the spouses cease living together, fail to enter into divorce proceedings, and the wife bears children with another person. Under these circumstances, the marital presumption would kick in and the husband would be presumed to be the father of any children born during their marriage, whether he was living with the mother or not. In a recent case, the couple married in 2000 but stopped living together soon after. Neither spouse sought a divorce. But in the years since their marriage, the mother gave birth to five children, four of them within the time period when the couple was “estranged” Continue reading

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