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  1. #1
    Join Date
    Feb 2012
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    2

    Default Biological Father Wants to Establish Paternity - What Rights Does a Legal Father Have

    My question involves paternity law for the State of: Maryland

    My 16mo daughter was born while I was married. My then-husband assumed the role as legal father though we both knew he was not her biological father. Now the biological father wants to establish paternity. What rights does my ex husband or what possibility does he have in maintaining legal status? I do not want my ex husband to lose his daughter. Any information would be greatly appreciated.

  2. #2
    Join Date
    Apr 2009
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    Default Re: Bio Father Wants to Establish Paternity. What Rights Does a Legal Father Have

    Since you are divorced, you cannot use an intact marriage to rebut a challenge to paternity.

    Biological Dad has the right to petition the court; the court will then decide whether or not disestablishing your ex's legal paternity is in the child's best interest.

    I'll be honest though - it would be much better for your ex if your child was, for example, 6 or 7. Since she's not yet 2 years old, biological Dad has at least a decent shot at establishing his paternity and becoming a regular part of her life.

    Even if this happens though, it doesn't mean your ex can't see her anymore. She can still enjoy a close, loving relationship with him.

    (And also - when were you divorced?)

  3. #3
    Join Date
    Feb 2012
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    2

    Default Re: Bio Father Wants to Establish Paternity. What Rights Does a Legal Father Have

    Thank you for your quick reply. We are not yet divorced but we are in the Maryland one year separation period. If paternity is established and he loses his legal rights, what kind of guarantee, if any, can I give him to secure his role in her life besides my word? Power of Attorney or the like..? Thank you for your assistance. I really appreciate it.

  4. #4
    Join Date
    Sep 2005
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    Default Re: Bio Father Wants to Establish Paternity. What Rights Does a Legal Father Have


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