Q: Can a married women collect child support from bio dad if husband is presumed father in Maryland?
They are still married. He plans on staying with her. She wants to collect child support from the bio dad. Neither father would be on the birth certificate. How can the presumed father be established?
A:
First, has the presumed father signed an affidavit of parentage? If not, he can have a paternity test performed to confirm he is not the father, and the mother can petition the court to establish paternity, and compel the alleged biological father to undergo a paternity test if he contests parentage.
Before the presumed father does this, is it really what he wants? If he has been raising the child as his, and developed close bonds, this may cause some very difficult issues, for both the presumed father and the child. Further, the biological father, once paternity is established, will have visitation rights. Is that acceptable to both the mother and the presumed father? We're talking having the biological father in their lives until the child becomes an adult. Further, the biological father could contest custody, or having established his own bond with the child through visitation, contest the mother from relocating out of state in the future and taking his child away, creating litigation and legal expenses.
If the presumed father has signed an affidavit of parentage, and knew the child was not his, then he may be unable to undo this and cannot "disown" his child. The mother and the presumed father should consult with a lawyer about their decision and how to proceed.
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