In Maryland, paternity must be established either by admission or through the court. Paternity can be established either by 1) marital presumption; 2) a court order establishing the father as the legal father; or 3) by signing an Affidavit of Parentage at the time the child is born. An Affidavit of Parentage is a voluntary document that can be signed by the unmarried parents at the child’s birth. If the parents want to sign it at the hospital, the hospital staff will help them complete it free of charge. The parents can also take the form with them home, complete it and notarize it, and then ensure that the Maryland Department of Health’s Division of Vital Records receives it.

Establishing paternity is beneficial. It allows the father to be listed on the child’s birth certificate and it allows the child to have the benefit a father-child relationship. It also allows the child important benefits like, among other things, financial support, social security, veteran’s benefits, life insurance, and health insurance.

Genetic testing will be necessary if a parent wants a court order to establish paternity unless the father admits under oath (either in court or in a pleading) that he is the father. Conversely, if a parent wants to disestablish paternity, that will largely depend on how paternity was established in the first place. If you have any questions about establishing paternity, please contact us at (443) 741-2567 and we would be happy to discuss your legal options with you.

Once parties obtain a judgment of absolute divorce which incorporates a child custody schedule, a custodial parent may face some challenges if they want to relocate to a new location. Usually there will be a ninety (90) day notice provision that the court allows in a custody agreement that the relocating party must give to the other parent of their intention to move. The relocating party must follow each step set out in the parties’ custody order for said notification to be given. If the noncustodial parent agrees, then there would not be a need for any court intervention. If the noncustodial parent does not provide their consent, then you will need to obtain the court’s intervention and prove to the court why it is in your child’s best interest to relocate them. The relocating party will have to provide evidence as to their child’s standard of living, access to family and friends, educational opportunities, and their bond with each parent in considering whether to grant the relocation or whether to keep the custodial arrangements as is.

Before you move, it is best that you consult with an attorney and weigh your options especially if the noncustodial parent objects to the relocation. Please call us at (443) 741-2567 and we would be happy to answer all of your questions.

Discovery is a legal process that enables you to gather pertinent information from the opposing party so that you can use it at trial. The discovery process enables you to gather all of the evidence you need to prove your case and also defend any claims made against you. In family law cases, it’s very common that each party will send interrogatories, requests for production of documents, and requests for admissions. Parties may also have depositions which means one party can ask other questions under oath.

It is imperative that you complete the discovery process because failure to do so can severely hamper your case. You will not be able to present evidence to the court if you did not disclose it in discovery. Furthermore, if a party refuses to comply with discovery, the court may order them to do so if it’s brought to the court’s attention. If you have any questions about the discovery process, please call us at (443) 741-2567 and we would be happy to help.