Filing, Paternity, Visitation, Custody, Name Change

[janemc]

What is the name of your state (only U.S. law)?
Maryland

I'm a lurker here. I'm not a party to the proceedings and I know that is a no no, but I'm prepared papers for both the Mother and Father (My Husband) and I have a question. I have read Maryland code and rules and I read thru Document taht come with the Do it your self forms.


FYI - When child was born, Mother was married, we got married after. They (husband and mother and her husband) are trying to petition to establish paternity, custody, visitation, Name change. They are all now in agreement to change Birth Certificate, Name and that my husband is the father. Mother's husband was place on birth certificate at hospital and the child has her husbands last name. The child is over a year old. They want to get this straightened out before the child gets to much older.


Clerk of the Court is stating each petition before the court needs to be a seperate case. Does anyone know if this is the case?

 

[Ohiogal]

That should all be one case.

 

[janemc]

That is what I thought but the clerk stated 3 seperate cases, 3 seperate court dates.

1-Paternity

2-Custody & Visitation

3-Name Change

The Mom took all the papers in today and that is what she was told. One petition for paternity, custody visitation, name chage, with affidavits of all three parties agreeing to all of the above. There was even a signed parenting plan attached to be included in ruling. I'm confused. How often in a case like this are all parties in agreement and just what the court to hear it and sign off.

It seem like alot of extra Wwork for the court to me.

 

[janemc]

Spoke with friend who works for Family Law Attorney. She double checked for me. Each petition is a seperate case and has to be hear seperately. So 3 Court dates, 3 Filing fees.

 

[truebluemd]

What is the name of your state (only U.S. law)?
Maryland

I'm a lurker here. I'm not a party to the proceedings and I know that is a no no, but I'm prepared papers for both the Mother and Father (My Husband) and I have a question. I have read Maryland code and rules and I read thru Document taht come with the Do it your self forms.


FYI - When child was born, Mother was married, we got married after. They (husband and mother and her husband) are trying to petition to establish paternity, custody, visitation, Name change. They are all now in agreement to change Birth Certificate, Name and that my husband is the father. Mother's husband was place on birth certificate at hospital and the child has her husbands last name. The child is over a year old. They want to get this straightened out before the child gets to much older.


Clerk of the Court is stating each petition before the court needs to be a seperate case. Does anyone know if this is the case?

what county are you in? Mom and Dad can file and request paternity, visitation, custody in one case, like OG said. Its on the main form. If the child is over a year old, it may be a challenge, but not impossible to change the last name.

 

[truebluemd]

Spoke with friend who works for Family Law Attorney. She double checked for me. Each petition is a seperate case and has to be hear seperately. So 3 Court dates, 3 Filing fees.

Your friend is wrong unless your county's court has a separate process. The custody, visitation, child support, and paternity was handled all together. There will be scheduling conferences, testing dates, temp hearing, mediation, etc, but all of this will be done under one case. As far as the name change, its likely that will be added to be combined with the custody case but thatwill be determined in the final ruling by the judge unless he grants an order before then.

 

[janemc]

The Attorney she works for is a big Family Law Attorney in our County on the Eastern Shore. The Attorney I know on the Western Shore told me I ask someone over here on the Eastern Shore to double check after I called him and asked yesterday. I guess things are done differently here on the Shore.
Oh, Well I'll just retype everything and seperate it out. 3 times the filing fees that way.

 

[janemc]

The Child has the mothers married name, which was her last name at the time of the birth. So hopefully it will be approved for name change, since she is not the husbands child.

 

[truebluemd]

The Child has the mothers married name, which was her last name at the time of the birth. So hopefully it will be approved for name change, since she is not the husbands child.

Like I said, its not impossible, and should be easy if mom and dad are in agreement.

 

[truebluemd]

The Attorney she works for is a big Family Law Attorney in our County on the Eastern Shore. The Attorney I know on the Western Shore told me I ask someone over here on the Eastern Shore to double check after I called him and asked yesterday. I guess things are done differently here on the Shore.
Oh, Well I'll just retype everything and seperate it out. 3 times the filing fees that way.

you may want to be careful because filing separate cases can be very costly and money is a motive for an atty to tell you that. I went through my custody without an atty all of those issues withthe exception of name change were handled in one case.

All MD dom rel forms are the same in each county because family law is a state issue, not a county issue. when mom and dad fill out the main form, just check all the boxes you want addressed (custody, visitation, child support, etc.) Include the forms for name change as well. When they have to go to a scheduling conference, the clerk will set up all future appts for all the issues in the case.

 

[janemc]

That is what I did I prepared the Petition to establish all with the one Cover with all of the items checked and the Clerk refused it because they also stated it needed to be three seperate cases. Even the Family Law Center in my county said three cases.

I am going to seek one more opinion before I redo everything. I just feel like they (the County) is out to get more filing fees.

 

[truebluemd]

That is what I did I prepared the Petition to establish all with the one Cover with all of the items checked and the Clerk refused it because they also stated it needed to be three seperate cases. Even the Family Law Center in my county said three cases.

I am going to seek one more opinion before I redo everything. I just feel like they (the County) is out to get more filing fees.

Wow, thats highly unusual for any state IMO. That makes it more expensive to have to file separately. It must be a county thing.

What are all the dom rel forms you submitted?

 

[janemc]

CC/DOM001 with Child Custody, Visitation, Paternity and Other: Name Change all checked.

Type motion to establish Paternity, Custody, Visitation, Name change. Since there is not a Paternity form online. Used one from another case of someone I knew and copied it and made changes as to names and basic information, in motion to Establish Paternity are signed notary affidavits from all parties regarding Paternity. I also incorporated as part of package DR4- Custody/Visitation along with signed Custody Agreement. and DR62- Name Change Petion-signed, DR64 Consent to Name Change-signed, DR65 notice of Name Change, and a Copy of Birth Certificate.

On my last call I was told they are seperate because. Paternity has to be establish first to be able to proceed with Custody & Visitation. And the Name Change is a seperate issue.

 

[truebluemd]

CC/DOM001 with Child Custody, Visitation, Paternity and Other: Name Change all checked.

Type motion to establish Paternity, Custody, Visitation, Name change. Since there is not a Paternity form online. Used one from another case of someone I knew and copied it and made changes as to names and basic information, in motion to Establish Paternity are signed notary affidavits from all parties regarding Paternity. I also incorporated as part of package DR4- Custody/Visitation along with signed Custody Agreement. and DR62- Name Change Petion-signed, DR64 Consent to Name Change-signed, DR65 notice of Name Change, and a Copy of Birth Certificate.

On my last call I was told they are seperate because. Paternity has to be establish first to be able to proceed with Custody & Visitation. And the Name Change is a seperate issue.

I still don't understand why they can't accetp it under one case. Paternity wasnt included w/ my motion, but my ex answered with a request for a paternity test and it was under the same case file. the just scheduled out the paternity, temp hearing, and final hearing in one scheduling conference.

I do think they just have their own special process

 

[janemc]

I have retyped everything seperately to give back to Mom to take to Courthouse. Since it is not going to get heard if the clerk doesn't file it. Of course it now has to wait another week to go back to the Clerk's office because it is an additional $210.00 and no one gets paid this week.

Thanks by the way.