Disestablishing paternity can be a deeply emotional and complex experience for families. When questions about a child’s biological parentage arise, it can create uncertainty and strain for everyone involved. At The Bishop Law Group, we recognize the sensitive nature of these situations and the profound impact they have on families.
Our team is here to guide you through the legal process with expertise and understanding. We approach each case with compassion, ensuring that your concerns are heard and your rights are protected. You do not have to face this alone—let us help you navigate this challenging time with care, clarity, and unwavering support.
If you are seeking an experienced and compassionate Baltimore family lawyer you can trust, call The Bishop Law Group today to discuss the details of your case. Our firm proudly serves clients throughout Maryland, including Baltimore, Ocean City, and other nearby areas.
Disestablishing Paternity
Disestablishing paternity involves legally withdrawing or overturning the rights and responsibilities of a legal father. The method for disestablishing paternity depends on how paternity was originally established.
It is important to note that if genetic testing through the courts confirms that a man is the biological father, paternity cannot be disestablished. However, a legal father may still terminate parental rights through a separate process, distinct from disestablishing paternity.
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Ways Paternity Can Be Established
Paternity may be established through one of the following methods:
- Marital Presumption: A child born during a marriage is presumed to be the legitimate child of the mother’s husband at the time of conception or birth.
- Court Order: Paternity is established by a judicial decision, either through genetic testing or an admission of paternity in legal proceedings.
- Affidavit of Parentage: A legal father voluntarily signs an affidavit at the hospital when the child is born, acknowledging paternity.
Disestablishing Paternity Established by Marital Presumption
When paternity is established by marital presumption, the law assumes the husband is the child’s father unless proven otherwise. This is referred to as a rebuttable presumption, meaning the assumption stands unless challenged and disproven.
Genetic Testing and the Child’s Best Interests
Courts may allow genetic testing to challenge marital presumption if it serves the child’s best interests. Before granting testing, the court considers factors such as:
- The stability of the child’s current home environment
- Whether a family unit is still intact
- The child’s physical, emotional, and mental needs
- The child’s prior relationship with the presumed father
- Whether the child requires genetic information for medical or genealogical purposes
The court has discretion in determining whether genetic testing is appropriate in these cases.
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Disestablishing Paternity Established by Judicial Declaration
Paternity may be established through a judicial process in two ways:
- Genetic Testing: In cases involving unmarried parents, the Office of Child Support Enforcement or one of the parents may file to establish paternity. If genetic testing confirms paternity, subsequent efforts to disestablish paternity will not succeed, as both parents have a legal obligation to support their child financially.
- Admission in Court: During legal proceedings, a presumed father may acknowledge paternity under oath. If the mother does not dispute this statement, the court can establish paternity without genetic testing.
Challenging Judicially Declared Paternity
In cases where paternity has been declared by the court, it can be modified or overturned if:
- A court revises the order based on legal principles or procedures
- Genetic testing excludes the individual as the biological father
A person seeking to disestablish judicially declared paternity must file a motion to start a new case or reopen the original case.
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Disestablishing Paternity Established by Affidavit of Parentage
An Affidavit of Parentage is a legal document voluntarily signed by a father at the child’s birth, affirming paternity.
Rescinding the Affidavit
- Within 60 Days: The affidavit can be rescinded without court involvement. This action automatically disestablishes paternity.
- After 60 Days: Challenges to the affidavit must be made in court and can only succeed if the father proves:
- Fraud: He was deceived into signing the affidavit.
- Duress: He was pressured into signing against his will.
- Material Mistake of Fact: He signed the affidavit based on an incorrect belief about a significant fact.
Requesting Genetic Testing
If more than 60 days have passed, Maryland courts allow genetic testing when properly requested, particularly in cases involving a material mistake of fact. Testing results may provide grounds to set aside the affidavit and disestablish paternity.
During the court hearing, the person challenging the affidavit bears the burden of proof to demonstrate that one of the above factors applies.
Contact a Baltimore Family Law Attorney Today
If you or someone you know is considering disestablishing paternity or just wants to know more about it, The Bishop Law Group can provide guidance throughout the process. Contact us to schedule a consultation.
Call or text (410) 390-3101 or complete a Free Case Evaluation form
