Like other states, Maryland is a fathers’ rights state in that the legal father of the children has the same rights as does the children’s mother. Maryland courts are not supposed to show preference to either parent simply because they are the mother or the father.
There is one important exception to this rule. To have legal rights to custody and visitation, a dad will first have to legally establish paternity.
Otherwise, while he and the child’s mother may agree among themselves over parenting questions, the father will not be able to get a court order requiring visits. Likewise, both parents may have difficulty enforcing child support obligations.
Once paternity is established, both parents will have their support obligations decided under the same Maryland laws. Judges only have a relatively limited ability to change support obligations based on the parents’ situations, although this can happen in some circumstances.
With respect to custody and parenting plans, Maryland courts consider several factors when deciding what is in the best interests of the children involved.
Basically, when the parents cannot agree on a parenting plan, the court will assess the family’s overall situation, including the wishes of the children and the resources, abilities and character of the parents. After doing so, the court will create a parenting plan and order the parents to follow it.
Fathers may need to advocate for themselves in the Maryland courts
Even though they are on the same legal footing as mothers, fathers in Maryland who have established paternity still need to make sure they understand their legal options and how to advocate for their rights.
While dads need to be aware of their options even when they want to negotiate with the mother of their children over custody and support. They may require legal assistance especially if there is conflict over their children or if it is becoming apparent that they will have to advocate for their rights in court.