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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36206
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I LIVE IN MARYLAND I AM ALSO MARRIED AND LIVING WITH MY HUSBAND

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I LIVE IN MARYLAND I AM ALSO MARRIED AND LIVING WITH MY HUSBAND WE RECENTLY HAD A BABY AND THERE IS NOW ANOTHER MAN THAT I WENT OUT WITH A FEW TIMES WHEN MY HUSBAND ANE I WERE HAVING ISSUES THAT IS THREATENING ME THAT HE IS GOING TO COURT TO FORCE A PATERNITY TEST..
MY HUSBAND IS AWARE OF THE SITUATION AND HAS ACCEPTED OUR BABY AS OURS AND IS NOT NEEDING TO DISPUTE THIS.. MY QUESTION IS DOES THIS MAN HAVE ANY RIGHT TO FORCE THIS UPON MY HUSBAND AND I. I WANT NOTHING TO DO NOR WANT ANYTHING FROM THIS MAN EVEN IF IT IS DETERMINED TO BE HIS CHILD..
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Has your husband been listed on the birth certificate?
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Did he sign a voluntary acknowedgment of paternity at the hospital?
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Do you have reason to believe that this could be the other person's child?
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Thanks
Barrister
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Also how old is the child now?
Customer: replied 3 years ago.


He is on the birth certificate.. not sure if we were asked to sign an acknowledgent of Paternaty


I believe so but if asked we did sign all documents they gave to us..He is accepting the fact this could be the other mans child and we are both fine with moving on with our marriage and family

Ok, how old is the child now?
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Thanks
Barrister
Customer: replied 3 years ago.


1 month

Ok, in Maryland the husband is presumed to be the child's father. This is a very strong presumption. The other man would have to file a paternity suit and try to convince a court to order paternity testing if he can prove it would be in the child's best interest. (Stubbs v. Colandrea, 154 Md. App. 673, 841 A.2d 361 (2003)). However, I would opine that is unlikely to happen, in my estimation, if your husband has been taking the role of father and wishes to continue in that role.
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The courts are hesitant to disturb a family relationship unless there is compelling evidence for them to do so. In a recent case, Mulligan v. Corbett, the same situation arose and the circuit court judge denied the petition under the Estates and Trusts article that gives a judge discretion whether to allow testing. The man claiming paternity appealed up to the Supreme Court and they upheld the circuit court's ruling after explaining that a paternity case is presumably to establish legitimacy and that a self-proclaimed father seeking DNA testing would have to show that the testing was in the child's best interests.
Relying on the Estates and Trusts article that gave him discretion as to whether to allow testing, the circuit court denied the Respondent’s request for paternity testing. - See more at: http://www.marylanddivorcelawyer-blog.com/2013/07/16/when-can-a-maryland-man-ask-the-court-for-genetic-paternity-testing/#sthash.okFTi0JO.dpu
They then reasoned that since the child was conceived during the marriage, the husband was the legal father and refused to order a DNA test.

But to answer your question directly, yes, the other man could file a paternity lawsuit and try to get a judge to order a DNA test, but I would opine that a judge would deny the peitition.
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Barrister
Customer: replied 3 years ago.


so if this man has recently gone to court for numerous offenses 3rd dwi, hit and run, given 2 years but the judge suspended all but 10 days has no job lost his house i beleive just moved to another state to live with family and we have no desire to ask anything of his man nor do we want him in the babys life. As a matter of fact i filed a peace order against him (which they served him the day he was in court) but did not go to the court hearing because i thought that scared him away.. He started adding pictures and comments on his face book that irritate me greatly...And now that he is out of state he has started again..To add my husband and i have been married for over 8 years living in the same home and have another daughter...So you dont feel we have anything to worry about..Because this would only cause problems..

Based on this additional information, this just reinforces my thoughts that the judge would decide that it is not in the "child's best interests" for them to order a DNA test. This type of case is also very expensive for the other person to pursue so he would have to have substantial financial backing (i.e. $10K+ ) to pursue this. So financially, it may be unlikely that he can get the money together to actually even start a case.
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Barrister
Customer: replied 3 years ago.

Thank you much

You are very welcome. Glad to help.
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Thanks
Barrister
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