Q: Once I am deemed the "legal father" by the affidavit of parentage (Maryland), am I protected by the 14th amendment?
Once being deemed the legal father by Maryland's Affidavit of parentage, does this give me full legal rights to have a relationship with my child, and be an active father? Even if the mother has since moved to another state? Do my rights disappear because she, and the children crossed over an imaginary line to another state? Does the 14th amendment protect my right to parent from being infringed upon by another state court without due process, and finding me to be unfit by clear and convincing evidence? I feel as though my civil rights have been violated, and I wish to remedy this injustice.
A: You should consult with a family law attorney- they will be able to tell you whether you would need to file something in Maryland or the other state to challenge the ruling/judgment (most likely the other state). It is unclear what the due process/14th Amendment violation would be if you had notice and the opportunity to participate in the out-of-state proceedings.
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