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.

October is Domestic Violence Awareness Month. Domestic violence harms approximately one-third of women and twenty percent of children. Prevention takes everyone coming together to create change. In our family law practice, we have represented many victims of domestic violence. Many victims are afraid to seek help. In addition to seeking legal services to assist you in court, there are resources in your community that provide services to individuals impacted by domestic violence, sexual assault, and child sexual abuse. If you need assistance, please call us at (443) 741-2567 and we will be able to provide to you guidance and legal assistance.

In Maryland, an opposing party has certain time limits to file a response to a complaint, petition, or motion. If the opposing party lives in Maryland, they have thirty (30) days to file an answer once they have been served. If the opposing party lives in another state, they have sixty (60) days to file an answer. When the opposing party does not respond, the person who filed the initial complaint may file a motion for an order of default.

One has to show that service of process was proper. The court will then conduct a hearing and, if the opposing party does not show up, the court can then enter a default judgment which means that the party who filed the case is awarded the relief they requested. If the opposing party wants to fight the default judgment that was entered against them, they will have to act quickly and file a motion to set aside the judgment within the filing deadline and for good cause. Otherwise, all of the parties will be bound by the terms of the default judgment.

Navigating the filing deadlines in a family law matter can be overwhelming and complex for many. If you have any questions regarding default hearings and/or orders, please call us at (443) 741-2567 and we would be happy to help.