Do Unmarried Parents Have Equal Rights in Maryland?

Becoming a father is often one of life’s most rewarding experiences, filled with joy and a sense of purpose. However, for fathers who are not married to the mother of their child, navigating the responsibilities and rights associated with parenthood can sometimes be challenging and complex. In Maryland, unmarried fathers are granted important rights regarding their children despite their marital status. Understanding these rights is crucial for ensuring that the father and child can maintain a strong and supportive relationship. 

What Rights Do Unmarried Parents Have?

Unmarried fathers who have legally established their paternity enjoy the same rights as married parents according to Maryland’s child custody laws. This legal recognition of paternity ensures that once paternity is confirmed—either through a court order or by signing an acknowledgment of paternity—the mother is no longer automatically presumed to be the sole primary caregiver. As a result, both parents gain equal standing to pursue custody arrangements for their child. This means they can equally seek custody, participate in decision-making regarding the child’s upbringing, and share parenting responsibilities. The law aims to promote the involvement of both parents in the child’s life, regardless of their marital status.

Establishing Paternity in Maryland

When parents are unmarried, the law generally presumes that a child belongs to the mother. For fathers seeking to claim their rights to the child, such as rights related to custody or visitation, it is important to establish paternity. This legal process can be accomplished through various means, which can be admitted voluntarily or evidenced in court. The following are the primary methods by which a father can establish paternity: 

• Court Ruling: A family court can issue a ruling officially recognizing the individual as the father. This typically involves legal proceedings where both parents may present evidence related to paternity. 
• Written Acknowledgment: Parties can establish paternity by signing a formal document acknowledging a person as the child’s father. This might be done through a Paternity Acknowledgment form, which can be filed with the appropriate state agency. 
• Verbal Statements: Informing others, including family members and friends, that the child is yours can be an informal acknowledgment of paternity. However, this method is less formal than the previous ones and might not carry legal weight on its own. 
• Marriage to the Mother: If the father marries the child’s mother, their acknowledgment of paternity can be made either verbally or in writing. 

Once paternity is established, the legal system treats both parents equally, regardless of gender, in child custody matters. Therefore, if you and the other parent cannot agree on custody, consulting with a knowledgeable child custody attorney in Maryland can help explore your legal options.

Establishing Custody

In Maryland, once paternity is confirmed, unmarried fathers have the right to seek custody and have their parental rights considered equally alongside those of mothers. The law is designed to ensure that no gender or marital status bias influences the custody decision. 

When a family court in Maryland assesses custody arrangements, it must carefully evaluate the unique circumstances of each case. The court’s primary objective is to determine the arrangement that serves the child’s best interests. This involves a comprehensive analysis of various factors, such as the child’s emotional and physical needs, the stability of each parent’s home environment, and the child’s relationship with each parent. In addition to custody, the same principle of prioritizing the child’s best interests applies to access rights.

Reach Out To Rice Law Today To Learn More

To learn more about your parental rights in Maryland, contact Rice Law today and review your questions with an experienced Maryland child custody attorney.