Legal Question in Family Law in Maryland

Having the father's name on the birth certificate alone is not enough to establish paternity rights in the father. Using the father's last name does not establish paternity rights either. In short, your son likely does not have any rights to the child regarding visitation or custody. In order to get these rights, your son will likely need to establish paternity. Once he establishes paternity, then he can petition the court for visitation and/or custody of the child.

Visitation/custody decisions are based on the following standard -- "what is in the best interest of the child?" A large number of factors go into deciding what is in the best interest of the child. For instance, you state the child has lived with you since May 2010 -- where did the child live before that? If it's with the mother, the court may be hesitant to make a permanent move to your home. The mother may use drugs (something the court will certainly consider), but does the father have a job? You say that the father lives with you and your husband -- does your son support himself -- judges do not like awarding custody to fathers whose parents let them sleep in their homes but run around at night. Is your son capable of supporting the child without your assistance? Would your son pass a drug test (marijuana included)? Does your son have a high school, college, or vocational education? Do the parents live in different states? Who lives in a "better" school district? Will the maternal grandmother support the mother and her raising of the child (just like it sounds like you are doing with your son)?

Also, the other thing to remember is that once paternity is established, the mother can go after your son for child support. If your son does not pay child support ordered by the Court, he is subject to having his wages garnishes and in some cases imprisonment. Is your son willing to take the risk of establishing paternity, not receiving custody/visitation, but having to pay child support? ONLY HE CAN ANSWER THESE QUESTIONS.

The best advice I can give you is to hire a Maryland family law attorney. Many will give you a free consultation, discuss the specifics of your situation, explain your chances of success, how much it costs, how long it takes, etc., and then you can decide whether to move forward. IT IS UNDENIABLE that your son's chances of success increase with a lawyer on his side. If it's important enough to get his child back, it should be worth paying a few bucks to an attorney to do things the right way.

Best of luck..******The above is for informational purposes only and does not create an attorney-client privilege.******