I recently represented a man who had a child with his girlfriend, and they were raising the child together. The problem was that the mother was married to another man at the time the child was born.
In Maryland, a husband is the presumptive father, if the child was conceived or born during the marriage. See Estates & Trust Article § 1-206(a) (“A child born or conceived during a marriage is presumed to be the legitimate child both spouses”) and Family Law § 5-1027(c).
On behalf of my client, I filed a complaint in Montgomery County Circuit Court to terminate the rights of the presumptive father (now ex-husband) and for the court to award my client joint legal and physical custody of the child as the biological father.
Fortunately,the presumptive father (ex-husband) consented to having his parental rights terminated and the mother agreed that the biological father should be awarded joint legal and physical custody of the child.