Establishing Court Order Child Custody for My Son

[Ohiogal]

Maryland Statutes
FAMILY LAW
Title 5. CHILDREN
Subtitle 10. PATERNITY PROCEEDINGS
Part V. HEARING ON COMPLAINT

Current with effective changes from the 2019 Legislative Session


§ 5-1029. Blood or genetic tests

(a)

(1) The Administration may request the mother, child, and alleged father to submit to blood or genetic tests. (2) If the mother, child, or alleged father fails to comply with the request of the Administration, the Administration may apply to the circuit court for an order that directs the individual to submit to the tests.

(b)	On the motion of the Administration, a party to the proceeding, or on its own motion, the court shall order the mother, child, and alleged father to submit to blood or genetic tests to determine whether the alleged father can be excluded as being the father of the child.

(c)	The blood or genetic tests shall be made in a laboratory selected by the court from a list of laboratories provided by the Administration.

(d)	The laboratory shall report the results of each blood or genetic test in writing and in the form the court requires.

(e)	A copy of the laboratory report of the blood or genetic test shall be provided to the parties or their counsel in the manner that the court directs.

(f)

(1) Subject to the provisions of paragraph (3) of this subsection, the laboratory report of the blood or genetic test shall be received in evidence if: (i) definite exclusion is established; or (ii) the testing is sufficiently extensive to exclude 97.3% of alleged fathers who are not biological fathers, and the statistical probability of the alleged father's paternity is at least 97.3%. (2) A laboratory report is prima facie evidence of the results of a blood or genetic test. (3) (i) Subject to the provisions of subparagraph (ii) of this paragraph, the laboratory report of the blood or genetic test is admissible in evidence without the presence of a doctor or technician from the laboratory that prepared the report if the report: 1. is signed by the doctor or technician who prepared or verified the report; and 2. states that the result of the blood or genetic test is as stated in the report. (ii) When the laboratory report of the blood or genetic test is admitted in evidence, a doctor or technician from the laboratory that prepared the report is subject to cross-examination by any party to the proceeding if the party who desires cross-examination has subpoenaed the doctor or technician at least 10 days before trial. (4) A laboratory report received into evidence establishing a statistical probability of the alleged father's paternity of at least 99.0% constitutes a rebuttable presumption of his paternity.

(g)	If any individual fails to submit to a blood or genetic test ordered by the court, that refusal, properly introduced in evidence: (1) shall be disclosed to the court; and (2) may be commented on by counsel.

(h)

(1) Unless indigent, the party who requests a blood or genetic test or who secures the appearance in court of a doctor or technician from the laboratory that prepared the report of the blood or genetic test is responsible for the cost of the test and the costs associated with the court appearance. However, if the requesting party prevails in the proceeding, the court shall assess the cost of the blood or genetic test or the costs associated with the court appearance against the other parties to the proceeding. (2) If any party chargeable with the cost of the blood or genetic test or the costs associated with court appearance is indigent, the cost of the blood or genetic test or the costs associated with the court appearance shall be borne by the county where the proceeding is pending, except to the extent that the court orders any other party to the proceeding to pay all or part of the cost. (3) Subject to the right of any party to subpoena a custodian of records at least 10 days before trial, a written statement from the laboratory that prepared the report of the blood or genetic test concerning the cost of the test and the cost associated with the court appearance shall be admissible in evidence without the presence of a custodian of records and shall constitute prima facie evidence of the costs.

(i)

Upon motion of the Administration or any party to the proceeding and due consideration by the court, the court shall pass a temporary order for the support of the child if: (1) a laboratory report establishes a statistical probability of paternity of at least 99.0%; and (2) the court determines that the putative father has the ability to provide temporary support for the child.

 

[Ohiogal]

A Maryland attorney: https://www.marlazidelaw.com/blog/2018/06/unmarried-with-children-child-custody-in-maryland.shtml

Generally, when the parents are unmarried, the natural mother is considered the primary caregiver and holds de facto custody. Even if the natural father lives in the same residence as the child, he will need to provide evidence of paternity. In cases where the father lives separately, the court also requires information about how much time he spends caring for the child, and how present he is in the child's daily life. If living elsewhere, the court will also look at whether the father's residence is set up to accommodate the child's needs.

Note: THERE NEEDS TO BE COURT INVOLVEMENT.

https://www.mckeonlawfirm.com/blog/2014/12/what-are-unmarried-maryland-fathers-child-custody-rights.shtml

Once the man is legally considered the child's father, he has all the rights available to any father. He can petition for legal custody and seek visitation rights.

NOTE: PETITION for visitation rights and legal custody (that means COURT).

This case has no court orders. Should I continue with this unmarried dad who is completely wrong per attorneys in his own state? And the statute?

 

[Ohiogal]

We may need to back off the OP.

Maryland seems to have some unusual laws in this regard or at least they have been interpreted strangely by several Maryland legal sites I've found. I'm trying to find the specific laws.

Or he may want to look at the law and speak to attorneys -- they appear to agree with me. How many more websites should I post?

 

[PayrollHRGuy]

If you cand find the actual law on it, one.

I've found several Maryland sites that imply that there isn't much needed to have paternal rights.

 

[stealth2]

I've found several Maryland sites that imply that there isn't much needed to have paternal rights.

Perhaps you would be so kind as to post them? I'm sure OP would be appreciative.

 

[LdiJ]

If you cand find the actual law on it, one.

I've found several Maryland sites that imply that there isn't much needed to have paternal rights.

Dad still isn't going to have enforceable parental rights without custody and parenting time orders.

 

[bcr229]

Little history on her. She abused him when he was 4 or 5 by hitting him in the face with an object and leaving him bloody because he got out of his car seat while she was driving on a suspended tag. . Her explanation was because he was doing too much and she wasn't trying to get pulled over. She doesn't know how to talk to him properly without using foul language towards him or belittle him with words. I had temp custody back then and also restraining order in place. I dropped both less than a month because family talked me into it.

When this happened did the courts treat you as legally dad?

 

[Ohiogal]

If you cand find the actual law on it, one.

I've found several Maryland sites that imply that there isn't much needed to have paternal rights.

I posted the laws

 

[PayrollHRGuy]

It seems there is also an Affidavit of Parentage that could have been signed at the time of birth that didn't require the court to be involved.

https://www.peoples-law.org/paternity

Affidavit of Parentage
The Department of Human Service's (DHR) Affidavit of Parentage is a legal document that can be signed by both parents at the time of the child’s birth. The Affidavit of Parentage is a voluntary way to establish paternity (the legal relationship between father and child) when the mother and father are not married to each other. If both parents decide to sign the Affidavit soon after the child's birth, while still in the hospital, the hospital staff can help complete the form free of charge. They can also act as witnesses. To complete the form, both parents need some form of identification and their social security number. The hospital staff will send the Affidavit to the Vital Statistics Administration.

If you are unsure if you want to sign the document while in the hospital, you can take it home with you. If you choose to take the form home, both parents must complete the Affidavit, sign it in the presence of a notary public, and mail it to the:

Division of Vital Records

6764-B Reisterstown Road

Baltimore, Maryland 21215

If you need a form, you may contact the Maryland Department of Health's Division of Vital Records at 410-764-3182 to request one. You can establish paternity via an Affidavit up until your child’s 18th birthday.

You have the right to consult an attorney before completing this form. If either of you is not sure that the man signing the Affidavit is the biological father, you should NOT complete the form.

If you signed an Affidavit of Parentage as the father or as the mother and have changed your mind about who the father is, you may rescind (cancel) the Affidavit. The method that you use will depend on how long it has been since the Affidavit of Parentage was signed. (If you and the mother signed on different dates, count from the date that the last party signed). Within sixty (60) days of that date, you may sign a Rescission Form for Affidavit of Parentage and date it in the presence of a notary public. You may obtain a Rescission Form by calling the Maryland Department of Health's Division of Vital Records at 410-764-3182. If it has been more than sixty (60) days since you signed the Affidavit, the Rescission Form will NOT be effective. After the sixty (60) days, the Affidavit can only be nullified by a court order. In order to be successful in getting this court order, you must show that one of the following is true in your situation:

• There was fraud (someone lied to you); or
• You were under duress (you were forced to sign the affidavit); or
• There was a “material mistake of fact” (you thought one thing and another thing was true). For example, you were incorrectly told that the swab test showed that you were the father and later this turns out to be a mistake by the laboratory.

Proving one of these may require the assistance of a lawyer. If you are unsure if you are the father, you must go to court as quickly as possible to argue one of the above three points. (See PLL section "Get Help Now ")

Read the Law: MD Code Family Law §5–1028

 

[stealth2]

It seems there is also an Affidavit of Parentage that could have been signed at the time of birth that didn't require the court to be involved.

https://www.peoples-law.org/paternity

Perhaps you could ask OP if he signed such?

 

[PayrollHRGuy]

Excellent idea.

@profound Did you and the mother sign a document as I posted above at the time of birth?

 

[Ohiogal]

Excellent idea.

@profound Did you and the mother sign a document as I posted above at the time of birth?

that establishes paternity which allows him to file in court for custody

 

[profound]

It seems there is also an Affidavit of Parentage that could have been signed at the time of birth that didn't require the court to be involved.

https://www.peoples-law.org/paternity

Hi PayrollHRGuy

I am not sure if I did. Its been almost over 10 years. I will look into finding out how to check and see if I did. Will the Division of Vital Records have it on record? I was there so if such form was offered I doubt I will turn it down. Is this something that needed to be requested or is it offered? Thank you for this info.

 

[PayrollHRGuy]

that establishes paternity which allows him to file in court for custody

It could be for use in court but according to the law linked withing the link it seems to on its own establish paternity without the need for further court action.

(d) (1) An executed affidavit of parentage constitutes a legal finding of paternity, subject to the right of any signatory to rescind the affidavit:

(i) in writing within 60 days after execution of the affidavit; or

(ii) in a judicial proceeding relating to the child:

1. in which the signatory is a party; and

2. that occurs before the expiration of the 60–day period.

 

[PayrollHRGuy]

Hi PayrollHRGuy

I am not sure if I did. Its been almost over 10 years. I will look into finding out how to check and see if I did. Will the Division of Vital Records have it on record? I was there so if such form was offered I doubt I will turn it down. Is this something that needed to be requested or is it offered? Thank you for this info.

If you read the link I posted you will know exactly what I know about it.