Frostburg, MD asked in Child Custody and Family Law for Maryland

Q: I’m legally married but had a child with another man. The other man is taking me to court. Can my husband,

Yet we are separated do anything legally to prevent the child with going with the other man. We are in md

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: A child born to a married woman in Maryland is presumed to be the child of the husband. The actual biological father would have to petition to establish paternity through a blood test. Custody and visitation is a separate matter decided upon by the court. Once paternity is established, the biological father can ask the court to decide custody and visitation issues. Your husband at that point would have little say in the matter, but you would have a lot to say.

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