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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My wife cheated on me and as a result of this, my 4 year old

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My wife cheated on me and as a result of this, my 4 year old daughter is not biologically mine. We currently are separated and have joint physical and legal. However, she alerted the so called biological father and he wants to take my paternal rights and change her last name, etc. My soon to be ex-wife is not supporting me at all and I just would like to know what my rights are?
Hello and Welcome

My name is XXXXX XXXXX I look forward to providing you the information you in this regard today

Please tell though -

1 - You were married at the time the child was born, and you are on the birth certificate - correct

Customer: replied 3 years ago.

Yes, that is correct.


Thank you IN Maryland, there is a presumption of Paternity when a child is born to the married couple. That means, regardless of an affair the law says the husband is the Father of that child

Therefore, I suggest, the only reason a court will order a Paternity test for a child at the age of 4 is for Health Reasons only. For instance, if there is a severe illness and the Bio Father is the only one who has the same type blood, etc

So I suggest that your rights will not be terminated

Customer: replied 3 years ago.

Is there any precautionary measures that I should take now or should I just wait until the Bio Dad tries to go to court.


Does it help the case that he has known for over a year, but he is afraid to step forward because he is in the military and it could terminate his and her career?


There are many factors against him.

If he has known for years and has done nothing regardless of the reason

That you have a bonding and loving relationship with your daughter over the past 4 years

Those things will not fare well for him

The court will do what is in the best interest of the child and you are the Father as far as the courts are concerned.
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