Becoming a father changes the course of a person’s life. While new routines and aspirations are often part of the bundle, fewer fathers realize the extension of rights granted to them due to their paternity. These rights matter when custody, child support, and visitation disputes arise.
If you are a father facing a legal dispute regarding your child, you likely have many questions. Here are some of the most important things to ask your legal team as you prepare to defend your paternal rights in court.
Do I have to sign the birth certificate?
The father’s signature on the birth certificate is not mandatory for the child to be released from the hospital, but failing to sign the certificate eliminates paternal rights. Without legal standing as the father, you have no additional rights regarding oversight of the child.
How can I declare fatherhood?
If you are married to the mother of the child at the time of birth, Maryland state law assigns the status of paternity to you as long as you sign the certificate. Unmarried fathers can choose to sign a legally binding affidavit of parenthood or receive a DNA paternity test.
What are the benefits of paternity?
Declaring paternity grants an individual eligibility to exercise legal authority over a child, including assuming legal or physical custody, receiving financial child support, and being made a party to information about the child.
What happens if my paternity is questioned?
When paternity is questioned, a DNA test is the most effective means of addressing the issue. Conversely, if you were the victim of paternity fraud, you can seek help to end your obligation of child support.
What are the differences between legal and physical custody?
Legal custody is the right to make important life decisions for the child, including religious beliefs, schooling, or healthcare options. Physical custody dictates with whom the child is living or spending time.
How is custody decided?
Custody can be held jointly by both parents or granted solely to one party, with the other parent granted visitation rights. The co-parents must both have overnight visits for at least 35% of the year and contribute to child support to share physical custody.
Can I make decisions for my child while they are in my custody?
Any decision that will affect the child’s future or the custody agreement must be discussed between the two co-parents. In some situations, the court order must be altered to better suit the needs of the child or family by establishing one parent with specific responsibilities.
Can I change the custody decision?
A parent can petition to change custody with the court at any time, but they must show how this change will be in the child’s best interest. The court is not obligated to alter the existing arrangement.
Does my child’s last name change if I have custody?
To change the child’s last name, a court petition must be submitted that demonstrates the change is in the child’s best interest. The child will keep the last name given at birth until these steps are taken.
How much visitation time can I have?
The court decides visitation time, considering what is best for the child. Parents may be restricted to supervised visits, no overnights, or other limitations. The parents often agree on visitation, such as weekends and weeknights, every other week, etc.
Can visitation be denied?
No. Without amending the court order, the right of visitation cannot be denied to a parent. The court can deny future visitation rights in certain situations, such as if a parent is suspected of having abused the child.
What factors are considered for child support?
The biggest consideration is the physical custody of the child. Parents with majority custody will pay less or no child support. The incomes of parents are also calculated when deciding who pays child support. The combination of the child’s general cost of living, including school fees, healthcare, daycare, and lifestyle supplies, is a large factor in determining how much a parent pays in child support.
Do I have to pay child support to the mother?
Maryland law grants fathers equal rights to child support and the determination thereof; thus, the father or mother must pay child support according to the family’s financial situation, regardless of gender.
If the father has only partial or visitation rights, child support will likely be required to compensate the mother for the child’s expenses.
What information about my child am I able to have?
Maryland family law grants even a non-custodial parent access to their legal child’s educational, dental, and medical information.
Get Custody Help from a Legal Professional
Navigating child custody, visitation, child support, and other issues can be a challenging time, especially for fathers who are unaware of their rights. The legal team at Milstein Siegel assists fathers in securing equitable treatment regarding their children during disputes. Contact Milstein Siegel to schedule a consultation.
