Paternity Fraud in Maryland: Are You a Victim?

Paternity fraud happens when a woman claims a man is the father of her child and collects child support or other assistance while knowing the child is not his. If you are a victim of paternity fraud or think you may be a victim, contact a Montgomery County paternity lawyer immediately.

Men who are victims of paternity fraud may suffer considerable financial and emotional harm. Paternity fraud is a criminal offense in some states. Maryland does not impose civil or criminal penalties, but a paternity fraud victim may ask a court to end his obligation to support the child.

Some men suspect that they are victims of paternity fraud, but they never take a test to find out. They enjoy fatherhood and have a healthy relationship with their children. But if you believe you are being exploited and want the truth, a Montgomery County paternity attorney can help.

How Do the Courts View Paternity and Paternity Fraud?

In every case before a Maryland court that involves a child, the child’s best interests will be that court’s highest priority. The courts in Maryland view paternity as something more than mere biology. Legally, paternity is also about protecting a child and that child’s best interests.

Suppose you have raised and financially supported a child for many years. In that case, a Maryland court may not let you walk away from the responsibilities you have assumed simply because of DNA test results.

If you suspect you are not the child’s biological father, you must take action to prove or disprove your paternity as early and as soon as possible, and you will require the advice, insights, and representation that a Montgomery County paternity lawyer will provide.

What is the Paternity Law in Maryland?

Under Maryland law, when a woman is married, her husband is presumed by the courts to be the father of her children. When paternity becomes an issue because of divorce or infidelity, a Maryland family law attorney can help either spouse establish – or disestablish – the husband’s paternity.

If you are the father of a child and you are not married to the child’s mother, Maryland law provides three ways for you to establish your legal paternity and parental rights:

  1. Submit to a DNA test that proves your paternity.
  2. Marry the child’s mother and acknowledge your paternity orally or in writing.
  3. Voluntarily sign an Affidavit of Parentage document.

When you are legally a child’s father, your parental rights in Maryland include:

  1. legal custody, which is the right to make decisions about your child’s life
  2. physical custody and visitation rights
  3. full access to information about your child’s education, health, and welfare

What Should You Know About the Affidavit of Parentage?

In Maryland, an Affidavit of Parentage legally establishes the relationship between a child and that child’s unmarried father. Both parents must sign the Affidavit of Parentage voluntarily. They should sign the Affidavit after the child’s birth as soon as possible.

The father’s name goes on the child’s birth certificate after you have both signed the Affidavit of Parentage. However, a man who doubts paternity should obtain a DNA test before signing an Affidavit of Parentage.

If doubts about paternity arise after signing an Affidavit of Parentage, you may rescind the Affidavit within sixty days of the signing. The mother may challenge your recension of the Affidavit, so you must be guided and advised by an experienced paternity lawyer.

If You Are a Paternity Fraud Victim, What is Your Recourse?

Suppose you are a paternity fraud victim or suspect that you are a victim of paternity fraud. In that case, your primary recourse is to have your Montgomery County paternity attorney file a petition with the court to determine paternity through a DNA test.

Paternity testing is readily available, so suspected paternity fraud is not difficult to prove. When a Maryland paternity lawyer files a petition on behalf of someone who seeks to establish or disestablish paternity, the court schedules a hearing and will probably order genetic testing.

Suppose testing indicates that the child you have financially supported is not yours. That testing may not persuade the court to rescind a child support order or release you from your legal parenting obligation. Your best interests will not be the court’s priority.

What Happens After DNA Testing for Paternity?

Instead, a Maryland court will schedule another hearing, and a judge will put the child’s best interests first. A Maryland paternity lawyer can advocate on your behalf at that hearing and may persuade the court to release you from your parenting obligations.

If you signed an Affidavit of Parentage and the sixty-day recension period has already expired, proving that someone coerced, lied to, intimidated, or somehow tricked you into signing the Affidavit will strengthen your case, but even then, there is no guarantee that the court will find in your favor.

In some cases, a Maryland court may determine that the best interests of the child require you to continue making child support payments, even after DNA testing has proven you are not the child’s biological father.

Who Should Handle Your Paternity Case in Montgomery County?

If you have discovered – or if you believe – you are making child support payments for a child who is not yours, schedule a consultation as quickly as possible to discuss your circumstances and options with the family law team at Paré & Associates.

Paré & Associates will argue aggressively and effectively if you want the court to rescind a child support order. We will use every appropriate legal tool to help you prevail in a paternity dispute. We also handle divorces, child custody contests, and child support disputes, and we prepare prenuptial agreements.

Since 1991, Maryland family law attorney Alice Paré has led a team of legal professionals who resolve the most complicated family law disputes. If you know or believe you are a paternity fraud victim, call Paré & Associates now at 301-962-2492, and let us use the law to help you win the justice you need.