Maryland Paternity Lawyer

When a child is born to unmarried parents in Maryland, paternity isn’t automatic. A father has no legal rights until it’s on record. The child can also miss out on support, benefits, and a full medical history. At Castro Law Group, we help Maryland parents handle paternity the right way. We work with parents who agree on the basics. We also work with parents whose cases are heading to court.

Robert Castro founded the firm in 1993. Our office is in Waldorf, MD. We appear in courts across Maryland. We serve clients in Charles, St. Mary’s, Calvert, Prince George’s, and Anne Arundel counties. We also serve clients in Washington, DC. Our staff speaks English and Spanish. Our phones are answered 24 hours a day, 7 days a week.

Why Paternity Matters in Maryland

Legal paternity opens many doors. A parent can ask the court for custody, visits, or child support. The child gains access to key benefits. These can include health insurance, Social Security dependent benefits, the right to inherit, and veterans’ benefits in some cases. A legal father can also share a full medical history with doctors. That can matter a great deal if the child ever gets sick.

Paternity cases come up in different ways. A mother may want it confirmed so she can ask for child support. A father may want it confirmed so he can ask for custody or visits. Both sides have rights. Both sides deserve clear advice from a Maryland paternity lawyer before they sign or file anything.

How Paternity Is Established in Maryland

Maryland law gives parents three clear paths. Each one creates a binding legal record once it’s done.

Marriage at the Time of Birth

Under Maryland law, a child born to a married couple is presumed to be the husband’s child. No extra paperwork is usually needed. The husband’s name goes on the birth certificate by default. This presumption can be challenged in limited cases, but courts treat it as a strong starting point.

Signing an Affidavit of Parentage

Unmarried parents can sign an Affidavit of Parentage under Md. Family Law §5-1028. Most parents sign the form at the hospital, right after the baby is born. The father’s name can then be added to the birth certificate. Parents can also fill it out later through the Maryland Department of Health’s Division of Vital Records. A signed affidavit has the same legal effect as a court order.

Before you sign, the law requires hospital or vital records staff to advise both parents in writing and out loud. They must explain the legal effects of signing. They must also explain the benefit of talking with a lawyer first. Don’t skip that step.

Court Order Through a Paternity Action

If the parents don’t agree, either one can file a paternity action in the local circuit court. The court can order DNA testing. Under Md. Family Law §5-1029, the lab report is admissible as evidence when the test excludes 97.3% of non-fathers and shows at least a 97.3% probability of paternity. A test result of 99.0% or higher creates a rebuttable presumption of paternity. Once the court makes its finding, it can issue orders on custody, visits, and child support.

What Happens After Paternity Is Confirmed

Once paternity is on record, the father is treated as a legal parent. That brings rights and duties. He can ask the court for custody or visits. The court decides based on the best interests of the child. He can also be ordered to pay child support. In some cases, that order can reach back to cover past costs.

Paternity cases often connect to other family matters. If parents later split up or one moves, the same court can handle divorce, dividing property, and changes to custody or support. Our family law attorneys handle these issues together. You won’t have to jump between firms or tell your story twice.

Can an Affidavit of Parentage Be Changed Later?

Yes, but there’s a strict deadline. Either parent can take back the affidavit in writing within 60 days of signing. After 60 days, it can only be challenged in court on three grounds: fraud, duress, or material mistake of fact. The person who challenges it has the burden of proof. Child support duties usually stay in place during the challenge.

This is why parents shouldn’t sign unless they’re sure. If there’s any real doubt, ask for a DNA test first. Our team can review your case before you sign anything.

How Long Do You Have to Establish Paternity?

Under Md. Family Law §5-1006, a paternity case must begin before the child’s 18th birthday. There’s one important exception. If the child is dependent on a parent due to a mental or physical infirmity, the deadline extends to the child’s 21st birthday. A case can also be filed during pregnancy. It isn’t barred just because the child was conceived or born outside Maryland.

Sooner is almost always better. Some support and benefits don’t apply to past time periods unless a court orders it.

Frequently Asked Questions

Do I need to go to court if both parents agree on paternity?

Not always. If both parents agree, a signed Affidavit of Parentage is usually enough. Court is only needed when paternity is disputed or when custody and support orders are required.

How is paternity established in Maryland when the parents are not married?

Unmarried parents can sign an Affidavit of Parentage at the hospital. They can also sign later through the Division of Vital Records. If they don’t agree, either parent can file a paternity action. The court will then order DNA testing.

How accurate does a DNA test have to be in Maryland?

The lab report can be used as evidence at 97.3% probability or higher. At 99.0% or higher, the result creates a rebuttable presumption that the man is the father. The other side then has to disprove it.

Can a father seek custody after paternity is confirmed?

Yes. Once paternity is on record, a father can ask the court for custody or visits. The judge decides based on the best interests of the child. That’s the same standard used for married parents.

What if the father refuses to sign or acknowledge the child?

The mother can file a paternity action in circuit court. The court can then order DNA testing. A test showing 97.3% or higher probability can be used as evidence. A result of 99.0% or higher creates a rebuttable presumption of fatherhood.

Can I rescind an Affidavit of Parentage in Maryland?

Yes. Either parent can take it back in writing within 60 days of signing. After 60 days, the affidavit can only be set aside if you prove fraud, duress, or material mistake of fact in court.

Does my child get benefits once paternity is confirmed?

Often, yes. A child with a legal father may qualify for health insurance, Social Security dependent benefits, veterans’ benefits, and the right to inherit through that parent.

What if paternity is established years after the child is born?

It’s still valid. Maryland allows paternity to be set up until the child’s 18th birthday. The deadline extends to the 21st birthday if the child is dependent due to a mental or physical infirmity. Some past support and benefits may not apply unless a court orders it.

Do you handle paternity cases in Charles County and Prince George’s County?

Yes. Our office is in Waldorf. We appear in the circuit courts of Charles, St. Mary’s, Calvert, Prince George’s, and Anne Arundel counties.

Do your attorneys speak Spanish?

Yes. Our staff speaks English and Spanish. We also offer financing on legal fees.

Are you available outside of normal business hours?

Yes. Our phones are answered 24 hours a day, 7 days a week. You can reach us evenings, weekends, and holidays. Call (301) 870-1200 to speak with someone right now.

Communities We Serve

We help families across Southern Maryland and the surrounding region, including Waldorf, La Plata, Clinton, Brandywine, White Plains, Accokeek, Indian Head, Hughesville, Fort Washington, Upper Marlboro, Mechanicsville, and Bryans Road.

Speak With a Maryland Paternity Lawyer Today

Paternity shapes custody, support, and a child’s future. Don’t sign or file anything without knowing your rights. Call Castro Law Group at (301) 870-1200 to speak with a Maryland paternity lawyer. Our phones are answered 24/7. We serve clients in Waldorf and across Maryland. We also offer financing on legal fees.

Contact us to set up a consultation today.