My question involves paternity law for the State of: Maryland
A child is born to a mother who was married at the time of birth, but was separated (child was conceived while separated as well). The husband is not the biological father, but
by MD law, she put the husband on the birth certificate. They are now divorced. The biological father refused to acknowledge the child was his during the pregnancy,
and has since refused all communication by the mother to see the baby. He has clearly stated he wants nothing to do with the child, as he believes it is not his.
He would likely not challenge the paternity or ask for visitation/custody.
The mother decides to file for child support and other aid and involves Dept of Social Services. They immediately file for support against the ex-husband. A hearing is held
and there is a joint motion from both the mother and her ex-husband for a dna test. DNA testing is scheduled and a follow up hearing/contempt hearing is scheduled
for two months from now. If the dna test shows him not to be the father (which is likely the case), does this free DSS and/or the mother to then go after the alleged biological
From what I've read, paternity cannot be disestablished by either parent unless another third party challenges it, such as the biological father. Does DSS count as that third party
and can they challenge it via dna testing? The child was not disestablished in the divorce case - it was uncontested, no lawyers, pretty basic.