Section 5-1037 – Notice
The court may not enter an order under this subtitle against a party unless the party is given reasonable notice and an opportunity to be heard.
Section 5-1038 – Finality; Modification
(a) (1) Except as provided in paragraph (2) of this subsection, a declaration of paternity in an order is final. (2) (i) A declaration of paternity may be modified or set aside: 1. in the manner and to the extent that any order or decree of an equity court is subject to the revisory power of the court under any […]
Section 5-1019 – Powers of State’s Attorney
(a) This section applies only to jurisdictions in which the Administration is represented by a State’s Attorney. (b) Before or after a complaint is filed under this subtitle, the State’s Attorney may hold a pretrial inquiry. (c) In connection with any pretrial inquiry under this section, the State’s Attorney may: (1) issue a summons that requires a person, other […]
Section 5-1020 – Notice to Alleged Father
(a) This section applies only to jurisdictions in which the Administration is represented by a State’s Attorney. (b) Before the State’s Attorney conducts a pretrial inquiry under this subtitle, the State’s Attorney shall notify the parties in writing of: (1) the time and place of the inquiry; (2) the alleged father’s right to appear at the inquiry and to […]
Section 5-1021 – Blood Test
(a) The attorney for the Administration may request any individual named in a paternity complaint to submit to a blood or genetic test. (b) If the individual refuses the attorney for the Administration’s request to submit to a blood or genetic test, the attorney for the Administration may apply to the circuit court for an order that […]
Section 5-1024 – Failure of Defendant to Appear
(a) If a defendant fails to appear after being summoned or after giving bond as required by § 5-1014 of this subtitle, the court, in the absence of the defendant, shall, unless there is good cause to the contrary: (1) proceed with the hearing on the complaint; and (2) (i) issue a default judgment adjudicating paternity if the court […]
Section 5-1025 – Trial to Be Held After Birth of Child
(a) The trial may not be held until after the birth of the child who is the subject of the proceeding. (b) If a complaint is filed before the birth of the child, then, until the trial is held, the court may: (1) order the alleged father or the pregnant woman to give bond, as provided in § […]
Section 5-1026 – Trial to Be Held After Birth of Child — Procedure
(a) The court shall hear the complaint without a jury. (b) Except as otherwise provided in this subtitle, proceedings under this subtitle shall be treated in accordance with the laws, rules, and practice that relate to trials in other civil cases. (c) In a trial under this subtitle, no comment on or reference to an alleged father’s failure […]
Section 5-1027 – Trial to Be Held After Birth of Child — Burden of Proof; Presumptions; Testimony
(a) At the trial, the burden is on the complainant to establish by a preponderance of the evidence that the alleged father is the father of the child. (b) Both the mother and the alleged father are competent to testify at the trial. (c) The provisions of Title 1, Subtitle 2 of the Estates and Trusts Article regarding […]
Section 5-1006 – Limitations
(a) Except as otherwise provided in subsection (d) of this section, a proceeding to establish paternity of a child under this subtitle may be begun at any time before the child’s eighteenth birthday. (b) A paternity proceeding under this subtitle may be begun during pregnancy. (c) A complaint under this subtitle is not barred because the child born […]