Issues regarding child support and custody are some of the most controversial aspects in a divorce.
If you are contemplating divorce it is vital that you must know how the court makes judgment about parenting time and how child support figures are worked out. There is a very important aspect that you must keep in mind. Establishing paternity is an essential phase before collecting child support. Child support and paternity may be two terms well-known to you during a divorce proceeding, but before the judge orders child support you will need to establish paternity. Answering a simple question such as “Who is the father?” may seem a straightforward process, but it can be more knotty than you think. Here are a few things you must know. If a child is born to unmarried parents, it does not inevitably mean the child has a legal father. Paternity needs to be established. If you are a resident of Maryland and a child is born outside of your marriage, ascertaining your parental rights is absolutely vital. Family law attorney in Maryland recommends that you must file an affidavit of parentage or request a court order. This, of course entails a few steps, such as: • Speaking with the mother – Typically, the mother is as keen to establish paternity as the father. The mother specifically recognizes the role both parents play in matters of finance and emotional well-being. • Creating an affidavit – Both parents must sign an Affidavit of parentage. Such a document establishes your parentage voluntarily. If you sign when the child is born, your name will be included in the birth certificate. In case you have any doubt that you are the father, it is best you do not sign the affidavit. o By Maryland law, either party can alter what is in their mind and rescind the affidavit within 60 days of signing. • Genetic testing – If one of the partners is unwilling to sign the affidavit, the matter of parental rights will have to be pursued in the court. A DNA testing may have to be done. • Court filing – If the DNA test confirms you are the father, you along with the child’s mother will have to sign a consent regarding paternity and support. • Support and custody – Now, you can petition the court to award you visitation and custody rights. In matters of support and custody, family law attorney in Maryland will tell you that Maryland law does not automatically presume that one parent is better suited to custody than the other. Even if you do not belong to Maryland, keep in mind that all states requires that a form must be filled in which a man voluntarily acknowledges his paternity. Legal disputes over paternity typically are mostly about the father’s responsibility for paying child support. If the father refuses to sign the paternity statement, he still has the responsibility of paying child support, because the state will go to court to establish he is the father. Such issues can have legal implications, so it always makes good sense to consult family law attorney in Maryland to settle the matter. Resource Box The Law Office of Rowena N. Nelson is among the top lawyer firms in Maryland. This law firm provides a wide range of legal services including in bankruptcy law, criminal law and family law.
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