Parenting is a big responsibility, and when you’re not married to your child’s other parent, it’s important to understand where you stand legally—especially in the state of Maryland. Unmarried parents may face unique challenges around custody, visitation, and child support. But whether you’re a mother or father, you still have legal rights—and responsibilities—that protect both you and your child. Here’s what you need to know about your rights and options as an unmarried parent in Maryland.
Legal Parentage: Establishing Paternity
For mothers, legal parentage is generally automatic. If you give birth to a child, you are legally recognized as the mother. For fathers who are not married to the child’s mother, however, paternity must be established to gain legal rights.
Paternity can be established in two ways:
- Voluntary Acknowledgment of Paternity (VAP): Both parents sign a legal document, usually at the hospital.
- Court-Ordered DNA Testing: If paternity is disputed, the court may order genetic testing to confirm biological fatherhood.
Once paternity is legally established, a father has the same rights and obligations as a married father—including the right to seek custody or visitation and the responsibility to pay child support.
Custody and Visitation for Unmarried Parents
In Maryland, custody is determined based on the best interests of the child, not the marital status of the parents. That means unmarried parents have just as much right to seek custody or visitation as married ones.
There are two types of custody:
- Legal Custody: The right to make major decisions about the child’s upbringing (education, healthcare, etc.)
- Physical Custody: Where the child lives and who provides day-to-day care
Parents can share joint custody, or one parent may be awarded primary physical custody. If one parent is granted primary physical custody, the other is typically granted visitation rights, unless there are concerns about safety or well-being.
Child Support Obligations
Both parents are financially responsible for their child, regardless of marital status. Once paternity is established, child support may be ordered by the court based on Maryland’s child support guidelines, which consider each parent’s income, custody arrangement, and the child’s needs.
Even if you’re not seeing your child regularly, if you are the legal parent, you are still expected to provide financial support.
Your Rights If You Are the Non-Custodial Parent
As a non-custodial parent, you still have important rights, including:
- The right to visitation, unless a court finds it would harm the child
- The right to be involved in major decisions if you have legal custody
- The right to seek a modification of custody or support if circumstances change
It’s important to keep documentation and follow court orders carefully. If you feel your rights are being violated, you may need to return to court to resolve the issue.
When to Speak With a Family Law Attorney
Whether you’re trying to establish paternity, seeking custody, or facing a dispute with your child’s other parent, having a knowledgeable attorney can make all the difference. The legal system can be intimidating—especially when children are involved—and it’s essential to have an advocate who can help you understand your options and protect your rights.
Billian Law is Here to Support Unmarried Parents in Maryland
At Billian Law, we’re committed to helping unmarried parents secure fair and supportive legal arrangements for themselves and their children. We understand the emotional and legal challenges you may face, and we’re here to help you every step of the way. Contact us today to schedule a consultation and take the first step toward protecting your parental rights.