Was in legal same sex marriage for 5 years, my ex wife cheated and became pregnant, we never did a parentage judgement or adoption for the child, but signed the birth certificate. We are in the process of being divorced. Just trying to find out my rights to the child
Since you are on the birth certificate it is possible. You should speak with an attorney offline who can ask more personal questions and provide you of what your possibilities are.
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I agree with Mr. Koslow. I have also changed your practice area to family law so it will be seen by more of the type of attorneys who may be able to assist you.
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This is not a settled question in Maryland. Heterosexual couples are presumed to be the parents of any child born during the marriage, and the presumption is very difficult to overcome. With marriage equality in Maryland, that presumption may very well apply to your situation, and if after learning of the "cheating" that caused the pregnancy, the two of you decided together to have the child and raise it as your own, then that intent may become determinative. There have been several recent appellate cases on issues related to same sex couples and spouses, and they have addressed specific child-birth issues and rights raised in these cases, but your specific scenario has not need addressed head on; however, the case law suggests that the marital presumption may apply, but whether and on what evidence that presumption can be rebutted is unclear. It's a brave new world.
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