Ellicott City Paternity Lawyer

Ellicott City Paternity Attorney

Those facing paternity and custody disputes in Ellicott City often face stressful legal challenges that directly impact their parental rights. Having an experienced Ellicott City paternity lawyer on your side can make all the difference in your case. The Law Offices of Todd K. Mohink, PA, provides legal representation in family law cases involving paternity, custody, and child support throughout Howard County.

Understanding Maryland Paternity Law

Located in Howard County, Ellicott City has a population of over 75,000 and is part of the Baltimore metropolitan area. Family law matters are typically handled through the Howard County Circuit Court, located at 9250 Judicial Way. In Maryland, legal cases involving paternity can arise in several situations: a mother may seek to establish legal paternity to pursue child support, a presumed father may contest legal parentage, or a father may pursue legal recognition to secure custodial rights.

5.5% of women in Ellicott City gave birth in 2023. Researching Maryland’s laws surrounding paternity is crucial to knowing your rights, whether you’re trying to establish or dispute paternity. Each case is unique and requires a detailed understanding of state and federal laws.

Paternity is established either through a court order or by signing an Affidavit of Parentage form when the child is born. In order to appear on the birth certificate, the father must sign the form. The father will have sixty days after signing the affidavit to rescind the paternal acknowledgment if he chooses.

After that time, only specific circumstances, like fraud or duress, can be a cause for a reversal. Even if genetic testing proves the man is not the biological father, the affidavit will still be upheld. If the man knowingly signed the affidavit while not being the father, the court may deny genetic testing altogether.

If paternity is unclear, either parent can request genetic testing to determine parentage. The results of the test must be greater than a 99% genetic match and can still be contested afterward. In these cases, the local courts will be involved in making the final decision about parentage.

For unmarried parents, establishing paternity can be a bit more complicated. In Maryland, paternity is not automatically established when a child is born to unmarried parents. Without the law backing them, the father may have no enforceable rights to their child.

Establishing paternity through a legal process is essential for those fighting to secure custody, obtaining or contesting child support, and participating in decision-making related to the child’s upbringing. These cases must be established in court, and working with a skilled paternity attorney is essential.

The Legal Significance of Paternity Determination

Determining paternity is an incredibly serious and life-altering situation to be in. For those married (or unmarried but in a relationship), this status can help parents feel secure in their relationship and their family’s stability. Having established parentage can make inheritance, medical insurance, and other benefits that much easier to navigate.

As of 2023, 3% of men and 8% of women in Ellicott City were divorced. For those separated or divorced, establishing parentage can help the mother secure child support and the father secure custody or visitation. A legal father has standing to request custody, whereas if paternity is not established, the father has no rights until parentage is proven.

However, even if paternity is established, it does not guarantee custody rights. Maryland courts base their legal decisions on what best serves the child’s needs. They evaluate each parent, their home environment, and the child’s personal relationship to the parents, among other factors. Having established paternity can make each side’s case stronger and the entire process quicker with the help of an Ellicott City divorce lawyer.

Paternity Challenges and Contested Cases

In certain cases, a presumed father may want to contest legal parentage. This usually happens when the father believes he is not the biological parent but has been named as such in a legal proceeding.

For example, if the parents are married and the child was born during the marriage, the husband is presumed to be the father. This can be challenged legally, but only if the court believes it is in the child’s best interest. Judges may consider factors such as the child’s current home, emotional needs, relationship with the presumed father, and medical needs.

In Howard County, there were 4,003 child support caseloads in 2022. If a DNA test ordered by the court confirms that a man is a biological father, the court will officially declare him the legal father and require him to support the child. He will be unable to disestablish paternity. When paternity is established by a court ruling or a man’s sworn statement in court, it can only be overturned under specific conditions.

A person can file to revise the paternity judgment within thirty days for good cause under Maryland Rule 2-535(a). After thirty days, the court will only revise the parental order in cases of fraud, mistake, or irregularity. A request for genetic testing might also be considered if it was not part of the original decision. However, even with a new genetic test, the court has the final decision.

FAQs About Ellicott City, MD Paternity Law

How Long Does a Father Have to Establish Paternity in Maryland?

In Maryland, the father has until the child turns eighteen to establish paternity by signing an Affidavit of Parentage form. The earlier paternity is established, the easier and quicker it is to solve matters such as custody rights and child support. Once signed, the father will have sixty days to revoke it. After sixty days, it cannot be revoked unless specific circumstances are proven. Having a lawyer review your unique situation can help strengthen your case.

Do You Need a Lawyer for Paternity Court?

While it is not legally required to have an Ellicott City family lawyer for paternity court in Maryland, legal representation can significantly impact the outcome. In family law, the court’s final decisions can impact you, your child, and your family’s future. Given the serious nature of the case, having a knowledgeable attorney to advise you is key. They’ll help you fully understand your rights, make sure deadlines are met, coach you for court appearances, and ensure collected evidence is properly handled.

What Are the Father’s Custody Rights in Maryland?

In Maryland, once paternity is established, fathers have the same legal rights as mothers. They can fight for custody, visitation, child support, and the authority to make decisions on behalf of their child. Maryland courts base their legal rulings on the child’s needs, not the gender of either parent. Courts will evaluate the family’s unique situation and make sure that the father’s custody request aligns with the child’s well-being.

Reach Out to a Paternity Lawyer You Can Trust

If you are involved in a paternity matter in Ellicott City, it’s important to seek legal guidance to navigate the complexities of Maryland law. The Law Offices of Todd K. Mohink, PA, provides comprehensive legal services to assist you and offers a free initial consultation to explore legal options. Contact us today to discuss your case and ensure that your rights are legally protected.