Father’s Rights Attorneys in Montgomery County, MD
Assisting Clients Facing Parental Rights Disputes
Not too long ago, courts assumed that mothers were the primary caretakers of a child while fathers were the primary breadwinners who spent most of their time working away from the family home and thus played a lesser role in the upbringing of their child. Today, family courts in Maryland focus less on gender roles and more on what is best for the child, which means fathers and mothers are given equal rights and responsibilities. At Paré & Associates, LLC, we provide legal help for fathers facing parental rights disputes and help them regain the right to have a relationship with their children. Here are a few important aspects concerning fathers’ rights in Maryland.
What Are the Rights and Duties of a Father in Maryland?
Like many other states, Maryland now recognizes that fathers play an important role in raising children and grants both mothers and fathers equal rights and responsibilities. Some of the rights that Maryland fathers have include (but are not limited to) being involved in the process of making important decisions that may affect the well-being of their child; making medical decisions such as authorizing procedures and treatments; making decisions regarding where the child will attend school and the type of education (including religious and/or cultural education) the child will receive; the right to parenting time with the child and the right to be notified if the child is put up for adoption.
A father also has parental duties that he is expected to fulfill. Those may include providing for the child’s basic material needs (food, shelter, clothing, medical care, etc) and emotional needs (controlling, protecting, educating, and caring for the child). Fathers and mothers are also expected to provide financial coverage for the child’s needs, meaning that they are financially responsible for the child, usually until the child turns 18 (with a few exceptions).
Are Parenting Plans Now Mandatory for Custody Cases in Montgomery County?
The legal process for seeking child custody has become more detailed with the requirement for mandatory Parenting Plans. In every case involving the custody of a minor child, Maryland fathers must now submit either a joint plan or an individual proposal using specific court forms. These plans are intended to reduce conflict by requiring parents to discuss and decide on schedules, decision-making authority, and communication methods early in the process. When seeking joint custody, a well-drafted plan shows the court that you are committed to actively involving yourself in your child’s life.
Are Unmarried Fathers Entitled to Any Parental Rights in Maryland?
When a baby is born to a married couple, that couple is automatically assumed to be the parents of that child. However, when a child is born to an unmarried couple, only the mother is automatically recognized as the biological parent. If the father takes no further action, the child may likely not have a legal father, and the birth certificate may not include the father’s name.
In order to be considered the legal father of a child, an unmarried father needs to take a few extra steps before receiving any parental rights. Those steps typically include voluntarily establishing paternity (by signing an affidavit of parentage) or establishing paternity through legal action with the court’s help. For some, the process of establishing paternity may be more complex and require genetic testing and further investigation. It may be wise to seek the help of a father’s rights attorney to assist you with the process of establishing paternity.
What Is the Multifamily Adjustment and Can It Lower Child Support for Fathers?
Recent updates to the Maryland child support guidelines have introduced the Multifamily Adjustment to address the financial realities of modern families. This change is particularly relevant for many fathers who have children from multiple relationships. Before this law took effect, child support calculations often failed to account for the costs of supporting children who lived in the parents’ home but were not part of the current legal proceedings. Now, Maryland law allows a parent to seek a deduction from their actual income for in-home children, provided those children have lived with them for at least 92 overnights.
An experienced family law attorney can help you determine if you qualify for this adjustment during divorce proceedings or support modifications. By accurately calculating your available income after accounting for your other parental duties, a family law attorney in the Montgomery County area works to reach a more equitable financial outcome. This adjustment ensures that legal representation leads to fair treatment rather than overwhelming financial strain. Protecting your personal finances while supporting all of your children is a key part of protecting your father’s relationship with your family. Many men find that these new rules enable more informed decision-making during a divorce. Speaking with a rights attorney helps you understand how these technical shifts in the law apply to your specific situation.
How Do the 16 Codified Best Interest Factors Impact a Father’s Custody Case?
In the past, determining custody in Maryland courts relied largely on case law and judicial discretion. However, a significant shift in Maryland law now requires judges to use a codified list of 16 specific factors to decide what arrangement serves the best interests of the child. This change provides a more structured framework for Maryland fathers fighting for a meaningful role in their child’s life. When you are involved in a custody battle, an experienced father’s rights attorney can help you present evidence on each of these points to seek fair treatment.
The 16 factors that Maryland courts now use to determine custody based on the 2025 statutes include:
- The ability of each parent to maintain a stable and nurturing relationship with the child.
- The child’s physical and emotional safety in each parent’s home.
- The history of caregiving and which parent has traditionally met the child’s daily needs.
- The willingness of each parent to share custody and encourage a relationship with the other parent.
- The proximity of parental homes and its effects on the child’s school and social life.
- Any history of abuse, neglect, or domestic violence by either party.
- The child’s preference depends on their age and level of maturity.
A father’s rights lawyer uses these factors to show the court that your involvement is vital for the child. Rather than facing an uphill battle against outdated assumptions, you can now use this full range of criteria to advocate for joint custody or even full custody if your unique circumstances warrant it.
What Should I Do if I Am Not Being Allowed to See My Child?
Generally speaking, legal fathers have the right to spend time with and build a relationship with their children (with very few exceptions). In contrast, unmarried fathers may not exercise parental rights to visitation before paternity is established unless they have been granted visitation through a court order.
If you are being barred from visiting your child and are the legal father, there are several steps you may take depending on your specific situation. You may initiate legal action to petition the court for child custody and visitation, which may allow you to have a predetermined parenting schedule with your child. If you already have a court-ordered parenting schedule and the child’s mother is refusing to comply with it, you may also initiate a complaint with the court. The court can then decide whether the child’s mother is in contempt of court for refusing to allow you to visit your child. There may be significant penalties for individuals found to be in contempt of court.
The above-mentioned exceptions for a mother to be legally able to prevent a father from exercising his parental rights to visitation are when doing so will endanger the child’s physical or emotional well-being. Courts may allow a mother to prevent the father from contacting the children in extreme situations involving domestic violence and abuse. However, every case is different, and if you believe your parental rights are not being respected, your first step should be to speak with an attorney and discuss your case.
How Can a Father’s Rights Attorney Help Me?
Parental rights issues can be complex, and the path to resolving them may not always be clear-cut. Whether you are a father seeking to establish legal paternity, a legal father who is not being allowed to have contact with your child, or even a man who has been wrongly named as the father of a child, speaking to an attorney should be your first step.
As explained above, the state of Maryland is not a “mother” state and gives equal rights to both parents. Fathers have both rights and responsibilities, but sometimes a dispute may place excessive emphasis on a father’s responsibilities – such as when a mother’s legal suit seeking child support results in an amount that threatens the father’s financial integrity. We help fathers seek fair, equal treatment in court to build their relationships with their children without compromising their parental rights or personal finances. If you need help exercising your rights as a father or have questions about parental rights, reach out to our Germantown, Silver Spring, and throughout Montgomery County, Maryland, office to see how we can help. Call Paré & Associates, LLC today at 240-201-2267 for Germantown or 301-945-7928 for Silver Spring.


