Maryland Family Law Maryland family law opinions and commentary
Justin Davis, Petitioner, twice sought to secure a paternity test years after he had executed an Affidavit of Parentage, in which he attested, shortly following the birth of twin boys in 2009, that he was their father. The Wicomico County Bureau of Support Enforcement (“Bureau”), Respondent, in 2011, had filed a Complaint for Child Support against Mr. Davis, in which it alleged that Mr. Davis was responsible for support, because he had attested that he was the father of the twins; Mr. Davis, in turn, requested a paternity test and denied parentage of the children, alleging that his signature on the affidavit had been obtained through fraud or misrepresentation.
Judge David B. Mitchell, then retired but specially sitting in the Circuit Court for Wicomico County, ordered Mr. Davis to pay child support; he also denied the request for a paternity test, because Mr. Davis had executed the affidavits of parentage and there was “nothing in this record and before this Court today that would even broach the subject of fraud, duress, or material mistake of fact.” Mr. Davis did not note an appeal.
Two years later, Mr. Davis, however, filed a “Complaint for Blood Test, to Challenge Finding of Paternity (By Affidavit of Parentage), and to Set Aside Child Support Order” in the Circuit Court for Wicomico County. Judge Donald C. Davis denied the request for a paternity test, concludi ng that “[Mr. Davis] has no absolute right to blood or genetic testing under FL § 5-1038; even if he did, he has waived his right by failing to appeal the trial judge’s decision in 2011; and there is no other meritorious basis asserted to grant [Mr. Davis] his requested relief.”
