Fathers’ Rights in Maryland

Historically, custody and visitation rights heavily favored mothers, often based on the outdated notion that mothers were naturally better caregivers. However, legal perspectives have finally evolved, recognizing that fathers play an essential and irreplaceable role in the upbringing of their children. Modern family law emphasizes the child’s best interests, considering factors such as emotional ties, stability, and the capacity of each parent to provide for the child’s needs.

Maryland law aims to ensure that custody decisions are made in the best interests of the child — period. Our courts recognize that both parents have valuable contributions to make in a child’s life. This approach is laid out in various statutes and case law precedents that guide custody and visitation decisions.

What are fathers’ rights to custody and visitation?

Fathers in Maryland are entitled to equal consideration when it comes to custody and visitation. The courts do not favor mothers over fathers by default. Fathers seeking custody must demonstrate their involvement in their child’s life, their ability to provide a stable environment, and their commitment to the child’s well-being.

For unmarried fathers, establishing paternity is critical for gaining custody and visitation rights. In Maryland, paternity can be established voluntarily, through an affidavit signed by both parents, or through a court order, often involving genetic testing. Once paternity is established, fathers can pursue custody and visitation rights.

Even if a father does not obtain primary physical custody, he has the right to reasonable visitation, unless there are extenuating circumstances such as abuse or neglect. Visitation schedules can be negotiated between parents or determined by the court, with the goal of allowing the father to maintain a meaningful relationship with their child.

Custody challenges for gay fathers in Maryland

If two fathers adopt children (or stepchildren), then both are legally recognized as the parents. The same is true if the non-biological parent went through the second parent adoption process. But challenges may arise if you and your co-parent chose surrogacy, so only one of you is biologically related. While it is true that Maryland is a de facto parenting state, you should consult with us about any potential pitfalls that may arise.

What are fathers’ rights regarding child support?

Maryland uses specific guidelines to calculate child support, considering both parents’ incomes, the number of children, and the amount of time each parent spends with the children. Fathers have the right to a fair calculation of child support, ensuring that they are not overburdened and that the support reflects the actual needs of the child.

Fathers can request modifications to child support orders if there are significant changes in circumstances, such as job loss, a substantial change in income, or changes in the child’s needs. The courts will review the request and adjust the support amount if warranted.

Can fathers seek alimony?

Yes, fathers can seek alimony. And if you are a stay-at-home dad, or work part-time, you should seek spousal support. Temporary alimony will supply support during the divorce process; rehabilitative alimony can provide some financial security while you get back up on your feet to reenter the workforce. If you are unable to financially support yourself due to medical or other reasons, you could be entitled to indefinite alimony.

What are fathers’ rights to decision-making for the child?

In many cases, Maryland courts favor joint legal custody, allowing both parents to share decision-making responsibilities. Fathers have the right to be involved in important decisions about their child’s education, healthcare, and religious upbringing, ensuring that they can contribute to the child’s overall development.

More than the right, we argue they have a moral imperative to be involved. Studies show that children whose fathers are actively engaged in their upbringing from a young age do better academically. Per a report from CNBC:

“Fathers’ childcare involvement has a unique and important effect on the educational outcomes of children that is over and above the effect of the mothers’ involvement,” a report published by the University of Leeds found earlier this month.

The effect appears to stretch across a kids’ primary school years.

Those kids whose dads are often involved in “structured, educational activities,” for example, reading, have an advantage in their first year of primary school, the report found.

And it continues in that way — if dads engage in interactive activities with their kids when they are around the age of three, they do better in school by the time they are five. And seven-year-olds whose dads did activities with them when they were five did better in so-called Key Stage Assessments, which are tests on the national curriculum that British kids often take.

This is what we mean when we say fathers have a moral imperative to be involved with their children: kids do better when both parents engage with them.

Challenges in fathers’ rights cases

Fathers also face some of the same types of challenges that mothers do:

• Parental alienation, where one parent tries to undermine the child’s relationship with the other parent, can be a significant challenge. Fathers who believe they are victims of parental alienation should document instances of alienation and seek legal remedies to address the issue.
• Relocation of your coparent, which can complicate custody and visitation arrangements. Fathers have the right to contest relocations that would negatively impact their relationship with their child. Maryland courts will consider the best interests of the child, including the potential impact of the move on the child’s relationship with the non-relocating parent.
• Allegations of domestic violence or abuse, which can severely affect a father’s custody and visitation rights. Fathers facing such allegations should seek legal counsel immediately to defend against false accusations and ensure a fair process. If there is a history of violence, the courts will prioritize the child’s safety in their decisions.

Ensuring fair treatment for fathers in Maryland

While Maryland law is designed to be gender-neutral, implicit biases can still influence a court’s decisions. Fathers can overcome these biases by demonstrating their active involvement in their child’s life, providing evidence of their caregiving roles, and showing their commitment to the child’s well-being. Our Fulton family law attorneys can help you with this. We suggest the following proactive steps to help build your case:

• Documentation: Keep detailed records of involvement in the child’s life, including school activities, healthcare appointments, and daily routines. Knowing your children’s teachers’ names and their friends’ names can actually go a long way in proving engagement.
• Stable environment: Demonstrate your ability to provide a stable and supportive home environment. You can do this with home videos or photos, as well as character witness statements.
• Positive relationship: Foster a positive relationship with the child and, where possible, with the co-parent to show cooperation and commitment to the child’s best interests. To this end, keep any texts, emails, and voicemails that can help establish a baseline.

Remember, too, that fighting for your children doesn’t necessarily mean fighting; mediation and collaborative divorce offer alternative dispute resolution methods that can be less adversarial than traditional litigation. Fathers can benefit from these approaches to reach mutually agreeable solutions, maintain better co-parenting relationships, and reduce the emotional toll on the child.

If litigation is the only way forward, take a deep breath and relax: we have decades of experience, and we will advocate for you. Our job is to show the court hat your best interests are aligned with your children’s best interests. If that requires litigation, so be it.

If you are a father seeking to assert your rights and retain your meaningful relationship with your children, don’t wait — take action now. Contact the Fulton family law attorneys at McCabe Russell P.A., who are dedicated to advocating for fathers’ rights and ensuring fair treatment in custody, visitation, and support matters. We understand the complexities of the legal system and are here to guide you through every step, helping you build a strong case and achieve the best possible outcome for you and your child. Reach out today for a consultation and take the first step toward protecting your parental rights and your child’s future. Simply call our offices or fill out our contact form. We serve clients in Fulton, Bethesda, Rockville, Columbia, and the surrounding areas.