Several recent cases in Maryland have brought about the right of an alleged biological father to be granted a paternity test. A divorce attorney in Bel Air, MD would come across this type of situation in several different ways. In the cases looked at by the Court of Special Appeals, there were several determinations made to this issue.
* Duckworth v. Kamp determined that when a child is born during the timeframe of a marriage, the court would not have the right to order genetic paternity testing without first determining that the test results would be in the child’s best interest.
* Corbett v. Mulligan dealt with this issue when the birth of a child occurred after a divorce. In this instance, the court ruled that paternity testing would be within the alleged biological father’s rights to demand. Whether the results of the test are in the child’s best interest are irrelevant in this scenario.
These situations bring a myriad of questions to the table for a divorce attorney in Bel Air, MD, such as in what circumstances is the federal government paying for these tests? The federal government, more recently, has been requiring states to allow fathers who are alleged to be biologically related to the child in question the right to federal funding for these tests. However, the right to this federal funding is only granted in situations where a putative father is requesting. This means that the alleged biological father must be attempting to determine paternity of a child born out of wedlock. This means that children born during a marriage are not subject to federal funding in terms of paternity testing. These individuals would need to come up with the funds out of pocket.
A Change on the Horizon
While there seem to be no plans in the near future to change that, the results of the Corbett v. Mulligan case could possibly lead to legislation requiring every instance of paternity testing to be complied with, regardless of the best interest of the child. This could lead to problems in the child’s current family structure if such a law is to be passed. Family Law is an ever-changing legal division, and the paternity rights of fathers seem to be no exception!
If you find yourself in need of a divorce attorney in Bel Air, MD, contact the law offices of Maria Caruso today! They have an excellent reputation in the Bel Air, Maryland area.
