The mother's claim that a best interest analysis is not required as it is the right of the putative father ( not the father of record) to assert his claim will FAIL on appeal.
There is a 2010 case that speaks directly to the issue. When a child is born DURING the marriage
, then the "best interest" analysis applies.
Only when the child is born OUT OF WEDLOCK does the putative father have the right to DEMAND a paternity test.
Below is a link to the 2010 case of Corbett v Mulligan decided in the Maryland Court of Appeals. It is an interesting read. The case sets forth the the standard of review that the Court of Appeals uses, the alternative statutes and how they apply, and the analysis of the applicable case law. As you read the case, pay close attention to page 16 forward. The court sets forth the analysis for "the best interest of the child" and the types of cases to which it applies. When a child is born DURING the marriage, the "best interest" standard applies.http://mdcourts.gov/opinions/cosa/2011/1033s10.pdf
Further, the case cited by the mother is PRIOR to this case. And, the Court in Corbett addresses the cases cited by the mother.
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