ESTABLISHING PATERNITY

Some unmarried parents may wish to establish paternity but don’t know where to start. Potential clients typically ask questions such as: How do I establish paternity? I signed the birth certificate but I don’t think the baby is mine, what do I do? How long do I have to establish paternity? Or, I am paying child support for a child that is not mine, what are my options?

Paternity is a relatively straight-forward area of law, however there are a few things an interested person should know.

First, a “Putative Father” is a man who is assumed to be the father of a child. In D.C., a man is assumed as the “putative father” if

(1) he is married to a woman when she gives birth to a child; or

(2) He acknowledges paternity in writing

In cases (1) and (2), the man may disprove paternity with a DNA test. However, the court has the right to overrule a DNA test disproving paternity in certain situations if it is in the child’s best interest.

When a child has no putative father because (1) and (2) are not applicable, paternity can be determined by a Court proceeding at any time until the child reaches 21.

In Maryland, a man is assumed as the “putative father” if

(1) he is married to a woman when she gives birth to a child; or

(2) He acknowledges paternity in writing

In cases (1) and (2), the man may disprove paternity with a DNA test.

When a child has no putative father because (1) and (2) are not applicable, paternity can be determined by a Court proceeding at any time until the child reaches 18.

In Maryland, there are certain requirements regarding the involvement of the State’s Attorney’s office.

In Maryland, paternity proceedings may be instituted while the mother is pregnant; however, the trial will not occur until after the birth.

**Individuals with paternity issues should seek legal assistance if:

(1) The proceedings are initiated during the pregnancy of the mother;

(2) The state’s attorney’s is involved;

(3) Genetic testing could possibly be overruled; or

(4) The father was subject to fraud, duress or mistake.

Note the time allowed for a paternity proceeding is different in Maryland and D.C. because child support ends when the child is 18 in Maryland; however, child support ends when the child is 21 in D.C.. 

What About the House???

For many couples, their home is the most valuable asset they have.  The marital home not only represents financial stability, but emotional stability as well, especially for the children.  Therefore, when couples are on the brink of divorce, similar questions arise:

What will happen to our home once the divorce is finalized?

Who will live in the home during the pendency of the divorce?

We’re upside down on our mortgage, how will that affect the final disposition of the property?

My name is not on the deed to the marital home, what are my rights?

The ultimate division of marital property is determined by the type of jurisdiction that governs the divorce.  All states in the United States are either an equitable distribution jurisdictions or  community property jurisdictions.  Washington, D.C. and Maryland are both equitable distribution jurisdictions.  In equitable distributions states, the courts decide each spouse’s interest in the marital home and all marital property by using a three step process that evaluates several factors related to the marriage.   

The first step is to identify all martial property.  This involves determining many things about the marital asset, including when it was acquired, how it was acquired, by whom it was acquired, to name a few.  The second step is to value the asset or assess how much it is worth in the fair market.  The final step is to distribute the assets to the spouses.  This is the most complicated step and requires a detailed look at all factors related to the marriage.  In the case of the marital home, the two most common options are to (1) sell the home and split the proceeds appropriately; or (2) allow one spouse to buy out the other spouse and remain in the home.   

The nuances and complexities involved with settlement of or disposal of the marital home can be quite dense, with legal as well as personal implications and impact for the parties involved.  Consultation with a knowledgeable and skilled attorney is highly recommended when property is at issue in the dissolution of a marriage. 

DISCLAIMER: The information contained herein is intended to be legal information not legal advice.  No attorney-client relationship is established by any actions or inactions taken. 

RELOCATING WITH CHILDREN

In the present day and age, people move and relocate around the country and around the world with greater frequency than ever before.  Many people in this situation have very similar questions about moving and relocating with their children and current custody agreements.  They ask questions like:

Can I move to another state without my child’s mother's/father’s permission? 

Will a judge grant me custody so I can move to another state? 

My ex-husband/ex-wife will not sign for a passport, what can I do?

If a court has to decide a relocation issue, it will do so by determining what is in the child’s best interests.  The child’s best interest is a legal standard that looks at all aspects of the child’s and parents’ lives.  This standard is used in all child custody cases.  In a relocation case, the courts in both Washington, D.C. and Maryland consider additional factors specific to the relocation. 

Child custody determinations, though based on a legal standard, are discretionary.  This means that the judge has broad authority to determine what is in the child’s best interests.  However, there are certain scenarios that make a particular outcome more likely, though not certain, by any means. 

For example, one parent may have primary physical custody and the other parent may be barely involved, if involved at all.  If the relocating parent is moving to a situation with ample resources and social support, the relocating parent may have a strong case.   Again, the judge has broad discretion to make determinations in the child’s best interest.  Please consult an attorney for specific questions regarding your case. 

DISCLAIMER: The information contained herein is intended to be legal information not legal advice.  No attorney-client relationship is established by any actions or inactions taken. 

Unmarried Parents: Whose Surname Will The Child Have?

If the parents agreed on a surname but then later one parent sought to change the child’s surname, the parent seeking to change the child’s name has a difficult task ahead of them.  That parent would need to show “extreme circumstances”; examples of extreme circumstances would be abandonment or misconduct by a parent.   On the other hand, if the parents never agreed on a surname, the parent seeking to change the child’s name need show that such a change is in the child’s best interests.  To demonstrate this, the Courts look at a variety of factors including the length of time the child has used any of the surnames considered or even the degree of good will or respect associated with a particular surname .  Therefore, the key difference in how easy or difficult it is to change a child’ surname lie in the agreement or lack thereof between the parents.  To demonstrate an agreement or an absence of an agreement is a question of fact which the parties will have to prove to the Court.

Modifying Child Support After Job Loss

Each parent has a legal obligation to financially support their children.   Child support obligations are determined by the income of each parent and the needs of the child.  Like all aspects of the law related to children, child support is governed by the best interests of the child standard.  Whenever the parent paying child support wishes to modify the child support obligation, he must show that there has been a substantial and material change in circumstances.  This standard is true in both Maryland and Washington, D.C.   In Washington, D.C., the law presumes that the standard has been met if the payor-noncustodial parent’s (the person paying child support) income has decreased by at least 15%.   Therefore, if a non-custodial parent has lost their job or is only receiving unemployment benefits, he may be entitled to at least a temporary modification.   Similarly, payee-custodial parent may request that the support obligation be increased if she has reason to believe that the payor’s income has increased substantially and materially, for example, through a career change to a more lucrative job.