What Are My Legal Rights as an Unmarried Father in Maryland?
As an unmarried father in Maryland, you have certain legal rights and responsibilities. The law recognizes the importance of both parents in a child’s life, regardless of their marital status. However, it’s important to note that these rights aren’t automatic for unmarried fathers.
In Maryland, an unmarried father must establish paternity to have legal rights to his child. This can be done voluntarily by both parents signing an Affidavit of Parentage at the hospital when the child is born or later at the local health department. If there’s a dispute over paternity, a court can order a DNA test to confirm the biological connection.
Once paternity is established, you have the right to seek custody and visitation. You also have the responsibility to financially support your child. However, the specifics of these rights and responsibilities can be complex, and it’s often beneficial to consult with an experienced family law attorney to navigate this process.
Can I Get Joint Custody of My Child?
Yes, unmarried fathers in Maryland can seek joint custody of their children. Joint custody can be joint legal custody, where both parents have an equal say in major decisions about the child’s life, or joint physical custody, where the child spends roughly equal time with both parents.
The court will consider several factors when deciding whether to grant joint custody, including the ability of the parents to communicate and cooperate, the willingness of each parent to share custody, and the child’s relationship with each parent.
How Can I Secure Custody or Visitation Rights to My Child?
Securing custody or visitation rights as an unmarried father in Maryland involves several steps. First, you must establish paternity, as mentioned above, and once paternity is confirmed, you can petition the court for custody or visitation rights.
In Maryland, the court’s primary concern is the best interest of the child. This means the court will consider several factors when determining custody and visitation arrangements. These factors include the child’s age, the child’s relationship with each parent, the ability of each parent to care for the child, and the child’s adjustment to home, school, and community.
What If the Mother of My Child Refuses to Allow Visitation?
If the mother of your child refuses to allow visitation after the court has granted you these rights, she could be held in contempt of court. In Maryland, both parents are expected to adhere to the court-ordered custody and visitation schedule. If one parent consistently violates this schedule, the court can impose penalties, including fines and even jail time.
Can I Modify My Custody or Visitation Order?
Yes, you can request a modification of your custody or visitation order in Maryland. However, you must show that there has been a material change in circumstances since the original order was issued, and that a modification would be in the best interest of the child.
What If I’m Denied Visitation Rights Due to My Criminal Record?
In Maryland, having a criminal record does not automatically disqualify you from having visitation rights. However, the court will consider your criminal history when determining what is in the best interest of the child. If your criminal record includes offenses that could put your child at risk, such as violent crimes or drug offenses, it may impact your ability to secure visitation rights.
Can I Be Denied Custody or Visitation If I’m Not Financially Stable?
Financial stability is one of the factors the court considers when determining custody and visitation arrangements. However, it’s important to note that financial instability alone does not automatically disqualify you from having custody or visitation rights. The court’s primary concern is the best interest of the child, and this includes a variety of factors, not just financial stability.
What If I Can’t Afford to Pay Child Support?
If you’re an unmarried father in Maryland and you’re struggling to meet your child support obligations, it’s crucial to take action promptly.
Ignoring the problem won’t make it go away and could lead to serious legal consequences, including wage garnishment, property liens, and even jail time.
Maryland law allows for the modification of child support orders if there’s been a significant change in circumstances. This could include a job loss, a reduction in income, or an increase in the cost of living.
What If My Child’s Mother Moves Out of State?
If the mother of your child decides to move out of state, it can complicate your custody and visitation arrangements. In Maryland, a parent cannot move a child out of state without the consent of the other parent or a court order. If the mother of your child is planning to move and you do not agree with the move, you should file an emergency motion with the court to prevent the relocation.
What If I’m Not the Biological Father of My Child?
In Maryland, if you’ve signed an Affidavit of Parentage or have been named as the father on the child’s birth certificate, you’re legally recognized as the father, even if you’re not the biological father. This means you have the same rights and responsibilities as a biological father, including the right to seek custody and visitation and the obligation to pay child support.
However, if you discover that you’re not the biological father of your child, you may be able to challenge your paternity status. This typically involves filing a motion to disestablish paternity with the court and may require a DNA test.
What If I’m Not on My Child’s Birth Certificate?
In Maryland, if you’re not listed on your child’s birth certificate, you can still establish paternity and secure your rights as a father. This can be done by both parents signing an Affidavit of Parentage or through a court-ordered DNA test. Once paternity is established, you can seek custody and visitation rights.
Navigating the legal system as an unmarried father can be complex and challenging. An experienced family law attorney can help you understand your rights and guide you through the process. If you’re an unmarried father seeking to protect your rights, call Paré & Associates today at 301-515-1190 for a free case evaluation!