Paternity Matters in Maryland

Let Our Waldorf Family Lawyers Help Understand Your Rights

Having two parents has many advantages as a child, which is why establishing paternity is of great importance. Your child may be eligible for child support and several benefits such as health insurance, life insurance, Social Security, inheritance, and veteran’s benefits. Additionally, understand the family’s complete history of hereditary diseases and illnesses can provide immense help to doctors if your child becomes sick.

If you wish to establish paternity to assert your parental rights or need to prove the identity of the father to obtain support for your child in Maryland, our Waldorf family law attorney at the Law Office of Robert R. Castro, P.A. will work with unmarried fathers and mother order to help them achieve the best possible results. We can help you find the proper approach toward resolving your parenting time and child support issues.

Everything You Should Understand About Establishing Paternity in Maryland

Establishing paternity is a pivotal legal step that carries long-term implications for both the child and the parents. In Maryland, legal paternity affects many family law issues, from custody and child support to inheritance and benefits eligibility. Depending on whether the parties involved are in agreement, the process can unfold amicably or through litigation.

Under Maryland law, a child born to a married couple is presumed to be the child of the husband. However, when parents are unmarried, paternity must be voluntarily acknowledged or legally established through the court. In these cases, formal acknowledgment—often through an Affidavit of Parentage—or genetic testing may be required to confirm parentage. Legal acknowledgment creates enforceable rights and responsibilities, including the right to petition for custody or visitation and the obligation to provide financial support.

Paternity cases often arise during disputes over child support or custody. A mother may seek to confirm paternity to obtain financial support, while a father may want to establish paternity to gain legal access to the child. This duality makes paternity law highly relevant in emotionally sensitive circumstances. Our child custody lawyer in Waldorf, MD, can clarify the implications of a paternity determination and represent either party throughout the process.

Once paternity is confirmed, the father may be added to the birth certificate, and the court may proceed with custody and support decisions. If paternity is disputed, the court will generally order a DNA test. A result showing a 99% or higher probability of paternity can lead to a judicial determination, which sets the stage for further legal proceedings on parenting time and financial responsibilities. Our Waldorf family lawyers are often called upon to represent clients in these disputes, ensuring that statutory procedures are followed and the child’s welfare is prioritized.

The legal process may also differ depending on whether the parents are in a romantic relationship, cohabitating, or experiencing a separation. Sometimes, paternity actions are tied closely to divorce proceedings or custody modifications. In those cases, working with a divorce attorney in Waldorf helps ensure the client’s interests are protected across multiple, interrelated legal matters.

The timing of a paternity case can also impact available remedies. For example, a delay in establishing paternity could result in missed opportunities for retroactive child support or delays in determining custody. Similarly, if a father waits too long to assert paternity rights, it could influence the court’s decision about custody or visitation, especially if the child has formed a bond with another parental figure.

One overlooked but important factor is the impact of paternity on government benefits. Children with an established legal father may be eligible for dependent Social Security benefits, life insurance, military or veterans’ benefits, and access to the father’s health insurance. Establishing paternity also provides a complete medical history that may help with treatment or diagnosis in the future. These considerations often reinforce the importance of formalizing paternity, even when both parents agree.

Failing to establish paternity legally can stall or prevent a court from issuing binding orders for parents already involved in support or custody proceedings. This is why it is not only a procedural formality but a foundational step in resolving long-term parenting arrangements. A Waldorf child support attorney can assist in integrating paternity determinations with support orders to ensure a seamless legal process.

How to Establish Paternity

There are several ways to establish paternity in Maryland. The most common method is when both parents are married when the child was born. Additionally, paternity can be established after the parents get married, as long as the father orally acknowledges or writes that the baby is his.

Another way is to have the father sign an “Affidavit of Parentage” while he is at the hospital, allowing the father’s name to be included in the child’s birth certificate. It is also possible to complete the form at a later time and then send it to the Division of Vital Records; however, both parents must sign in the presence of a notary public.

If none of the methods listed above can be achieved, the final way to establish paternity is to go to the court to file for a paternity action. The parties may be asked to participate in genetic testing. If the genetic test results determine a paternity probability of over 99 percent, a court hearing may be scheduled to establish paternity.

Frequently Asked Questions

How is paternity established in Maryland?
Paternity can be established through marriage, a signed Affidavit of Parentage, or genetic testing ordered by the court.

Can a father seek custody if paternity is established?
Yes. Once legal paternity is confirmed, the father can request custody or visitation, and the court will decide based on the child’s best interests.

What happens if the father refuses to acknowledge paternity?
The court may order DNA testing. If the test confirms paternity, the court can issue orders regarding custody, support, and other legal responsibilities.

Does a child gain benefits after paternity is confirmed?
Yes. The child may qualify for health insurance, inheritance, Social Security, and other financial and medical benefits.

Can paternity be challenged after it’s been acknowledged?
In some cases, yes, but there are strict deadlines and requirements. Legal advice is strongly recommended.

Is a court appearance always necessary?
Not always. If both parties agree and sign the required documents, the court may not be needed unless other disputes arise.

What if paternity is established years after the child’s birth?
It’s still legally valid, but some benefits or support may not be applied retroactively unless specifically ordered by the court.

Communities We Serve

Our legal team proudly assists clients throughout Southern Maryland and nearby areas. We regularly handle family law and paternity matters for individuals and families in:

• Waldorf
• La Plata
• Clinton
• Brandywine
• White Plains
• Accokeek
• Indian Head
• Hughesville
• Fort Washington
• Upper Marlboro
• Mechanicsville
• Bryans Road

Call (301) 870-1200 to Schedule a Consultation Today

Establish paternity can be complicated, which is why our Waldorf family lawyer can help you navigate through the complexities of the legal process to help you obtain the outcome you desire. Let us help you give your child the support he/she needs to live a fulfilling life.

Contact us and discuss your case with the Law Office of Robert R. Castro, P.A. today.