Child support issues can arise between married and unmarried couples alike. If a romantic union resulted in a child, then the subsequent separation of that relationship becomes exorbitantly more complex. Suddenly, an already painful situation becomes much more complicated, particularly when one or both partners is seeking custody of the child and requesting child support. Because custodial parents are entitled to child support payments under Maryland law, you may wish to work with a legal professional to ensure your claim to child custody and support is successful in a court of law.
In order to claim child support and custody in Maryland, legal proof of paternity must be established in court. While this requirement is essential to maintain custody of your child, it is also designed to offer your family peace of mind and make strides toward a loving and healthy arrangement for your family.
In Maryland, paternity is established by either an affidavit of parentage or by requesting a court order. Here, we outline five steps to take to establish paternity and obtain child custody and support.
Talk to Your Partner
Whether you’re the mother or the father of your child, you’ll want to make sure that your former partner understands that you will be initiating a claim for child custody and support and that a paternity test will be required as part of that process. While this process has the potential to be contentious, it doesn’t have to be - and avoiding that will make it easier on everyone in the long run.
File an Affidavit of Parentage
If there is no doubt regarding the paternity of a child, then the couple should proceed to sign an affidavit of parentage attesting to the child’s paternity. This document establishes paternity voluntarily, and can be signed at birth or at a later date. If paternity remains in question, however, it is advised that neither parent sign the affidavit. It’s also important to note that each party has 60 days to rescind an affidavit of paternity.
Take a Genetic Test
If an affidavit of paternity is not signed, then the petitioning party may request a court order compelling the father to take a genetic paternity test. The court will order the party to complete their DNA test by a specific date and deliver the results expressly to the court.
File the Results in Court
Once DNA results reveal the child’s paternity, the court will likely formally declare each party as the child’s rightful parents. Once this step is complete, a child custody and support claim can proceed.
Obtain Child Custody and Support
Once paternity has been established, either party can petition the court for child custody and subsequent support. Maryland law does not favor one parent over the other, and will only consider what is in the best interest of the child. The court will use this evidence to determine and establish each party’s child support responsibilities.
