1. Review: ADR/Private Ordering
Family Law: Primary Methods are Negotiation and Mediation
Mediation Issues: Different Approaches; Lawyer/Mediator; Confidentiality; Training
GOAL: Agreement Between Parties

2. Separation Agreements: Enforcement and Modification
Property
Negotiation/Enforcement – “arm’s length” parties
No full disclosure unless asked in discovery
Result must be fair? No – unconscionability standard
Other options for “wronged” party?
Alimony
Negotiation/Enforcement: Parties can waive or agree to any amount if not unconscionable
Modification: Unless “no modification” clause in K, cts can modify alimony if agd. to or reserved

3. Provisions Regarding Children
1) Cust & Visitation
Enforceable: Yes, but ct must make best interest finding
Modification: Parties cannot limit ct’s ability to modify
2) Child Support
Enforceable: Only if complies with child support guidelines
Modification: Parties cannot limit court
MD: Incorporate vs. Merge
Merge – only enforceable as court order
Incorp but not merged pref – enforceable as both contract & order

4. Forming Families Outside of Marriage
April 13, 2004

5. Rights of Children of Unmarried Parents
Numbers dramatically increasing
Trend toward treating children of married/unmarried parents the same: equal protection analysis

6. Paternity Action
Historically: Roots: in Crim Law (jury trial; right to counsel, etc.)
Proof: witnesses, circumstantial evid.
Goal: Identify unmarried fathers for punishment
Modern: Civil Proceeding (trials rare)
Proof: scientific testing
Goals:
1. Protect children
2. State (support)
3. Protect unmarried fathers

7. Under Maryland Law?
• § – Statute of Limitations – 18 yrs.
• § – Procedure

8. Issue:. Under what circumstances can legal
Issue: Under what circumstances can legal father seek to “revoke” paternity?
Maryland Law?
Uniform Parentage Act?

9. Annotated Code of Maryland, Family Law (1999) § 5-1038
Annotated Code of Maryland, Family Law (1999) § Finality; modification.
(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 law, rule, or established principle of practice and procedure in equity; or
2. If a blood or genetic test done in accordance with § of this subtitle establishes the exclusion of the individual named as the father in the order.
(ii) Notwithstanding subparagraph (i) of this paragraph, a declaration of paternity may not be modified or set aside if the individual named in the order acknowledged paternity knowing he was not the father.

10. Uniform Parentage Act
Section 6. [Determination of Father and Child Relationship; Who May Bring Action; When Action May Be Brought.]
(2) for the purpose of declaring the non-existence of the father and child relationship only if the action is brought within a reasonable time after obtaining knowledge of relevant facts, but in no event later than [2] years after the child’s birth.
Best interest test applies
Child Appt. Counsel

11. Policies Served By Marital Presumption:
Protect integrity of family (and family is defined by marriage)
Protect children where no father “waiting in the wings”
MD version - §

12. Rights of Unmarried Fathers Supreme Court Jurisprudence
Relationship Bio Bio Bio + Sub Marriage Marriage
Only Only Some Rel. Rel (w/o bio) (w/bio)
Lehr Quillion Stanley/Caban Michael H.
Social Biological Legal
Fatherhood Fatherhood Fatherhood