Child custody, child support and establishing parenting time are frequently complicated and contentious when married parents go through a divorce.\u00a0 When parents are not married, those issues surrounding parental rights often become even more problematic.\u00a0 If the parents are not married, custody of the child is awarded to the mother immediately.\u00a0 However, a father has rights to pursue through legal proceedings.<\/p>\n
Unmarried mothers are granted primary rights to custody of the child.\u00a0 As a result, she has the authority to make all decisions regarding her child.\u00a0 Unless this changes by agreement of the parents or a court order, the child resides with the mother.\u00a0 The mother makes all decisions about the child\u2019s schooling and where the child receives child care. \u00a0She makes all health care decisions, including what doctor and dentists the child sees.\u00a0 The mother decides what therapy the child receives (if any).\u00a0 She determines any vacation and travel plans.\u00a0 She decides what sports the child may participate in, what summer camps the child attends and what other extracurricular activities the child pursues.\u00a0 The mother determines whether to raise the child in a given religion.<\/p>\n
In a best-case situation, when a father wants to be in the life of his child, the parents work out shared custody or a parenting schedule.\u00a0 However, often this is not the case and things quickly become complicated.<\/p>\n
The father in these cases must first establish paternity.\u00a0 This is easiest if the father is listed on the birth certificate.\u00a0 In the state of Maryland, the parties execute a written document, called an Affidavit of Parentage to establish a father\u2019s parental rights.<\/p>\n
Frequently, parents execute an Affidavit of Parentage while the mother and child are still in the hospital.\u00a0 This results in the father\u2019s name appearing on the birth certificate.\u00a0 Before leaving the hospital, the hospital staff can help the parents complete the form.\u00a0 In those situations, the staff acts as witnesses to the signing of the document.\u00a0 The parents provide identification and Social Security numbers.\u00a0 When the parents complete the form in the hospital, the hospital staff forwards the Affidavit of Parentage to the Division of Vital Records.<\/p>\n
This form can also be completed after the mother and child return home. \u00a0In that case, the parties complete and sign the form in the presence of a notary. \u00a0Next, the parties send the form to the Division of Vital Records.<\/p>\n
Signing the Affidavit of Paternity is the choice of the parties. \u00a0Once signed, courts consider the document legally binding establishing paternity.\u00a0 The mother should not execute the Affidavit unless she is certain only one person can be the potential father of the child.\u00a0 The potential father has the right to request a genetic test or consult with an attorney before signing the Affidavit.<\/p>\n
The parties signing the Affidavit of Paternity may be under the age of eighteen.\u00a0 Parties under the age of eighteen often discuss the matter with a parent or legal guardian before signing the Affidavit.<\/p>\n
It is possible to rescind an Affidavit of Parentage.\u00a0 This is accomplished when either party completes a Rescission Form for Affidavit of Parentage within 60 days of the signing of the Affidavit of Parentage. Generally, courts do not accept rescission documents after 60 days have passed.\u00a0 After 60 days passed, the Affidavit can only be nullified by a court order if the court finds fraud, duress or material mistake of fact.<\/p>\n
If the parties do not execute an Affidavit of Parentage, either party or the State of Maryland may bring a legal action to establish paternity.\u00a0 This action often includes genetic testing of the parties to assist in establishing the identity of the parents of the child. \u00a0A potential father must participate even if he does not believe he is the father of the child or he has proof that he is not the father.<\/p>\n
After the man is legally established as the child\u2019s father, he has the same rights as any father.\u00a0 The father may petition the court for legal custody of the child.\u00a0 At the same time, the father often seeks to establish parenting time.\u00a0 The father must show the court that he is a suitable parent and capable of taking on custodial responsibilities.\u00a0 The court considers the father\u2019s relationship with the child, if any, and the father\u2019s lifestyle. \u00a0After paternity is established the court may also consider child support.<\/p>\n
Both parents must financially provide for their children, regardless of marital status.\u00a0 The court considers the income and legal responsibilities of the parties and the needs of the child and determines any child support award.\u00a0 The parent ordered to pay child support may ask a court to re-evaluate a child support award if that parent\u2019s financial situation changes, including the result of a job loss.<\/p>\n
Courts order support if the child spends the majority of his or her time with one parent.<\/p>\n
Even in situations where the parties were never married, both parents have rights and responsibilities.\u00a0 When the parties agree on how to go forward, resolutions don\u2019t require the approval of the court.\u00a0 Similar to a divorce, the court will ultimately decide any issues that the parents cannot resolve.<\/p>\n