Gaithersburg, MD asked in Child Custody and Child Support for Maryland

Q: Can I file a complaint for custody and child support even if I was married at the time of conception and birth?

Nobody is listed as the father on the birth certificate. I didn’t file for “legal” separation. Husband lives out of state and no contact. Child is not my estranged husband’s baby.

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1 Lawyer Answer

Mark Oakley

Answered
  • Rockville, MD
  • Licensed in Maryland

A: You can always file to establish paternity, custody and child support against the biological father. It is possible to just file for child support by going to the Office of Child Support Enforcement in your county (or City of Baltimore), but you will need to have the name and current address of the father. That office can then transmit the case to the jurisdiction where the father lives to open a case there. These cross-state child support matters often involve the father being summonsed to appear at the local office here he lives, and he may contest paternity, and require a dna test. Alternatively, you can hire a lawyer.

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