2016 Maryland Code
Family Law
Title 5 - Children
Subtitle 10 - Paternity Proceedings
Part III - Pleading, Process, and Practice
§ 5-1010. Complaint

MD Fam L Code § 5-1010 (2016) What's This?

(a) Form. -- A complaint need not be in any particular form.

(b) Language. -- The complaint shall be written in simple, nontechnical language.

(c) Required contents. -- The complaint shall state the facts on which the complaint is based.

(d) Oath of mother. --

(1) Except as otherwise provided in this subsection, a complaint filed under this subtitle shall be supported by the oath of the mother or pregnant woman, whether or not she is a party to the paternity proceeding.

(2) The complaint may be filed without the oath if the mother or pregnant woman:

(i) is dead;

(ii) refuses to file a complaint;

(iii) refuses to disclose the identity of the father of the child;

(iv) is mentally or physically incapable of making an oath; or

(v) refuses to make the oath.

(3) If the complaint is filed without an oath under paragraph (2) of this subsection:

(i) the complainant shall verify the fact of the pregnancy or birth; and

(ii) if the mother or pregnant woman is living, she shall be made a defendant.

(e) Consent of State's Attorney. --

(1) Except as provided in paragraph (2) of this subsection, the clerk of court may not receive a complaint starting paternity proceedings unless the consent of the State's Attorney is attached to the complaint.

(2) The consent of the State's Attorney is not required if:

(i) the complaint is filed on behalf of the Administration; or

(ii) after considering testimony or information given by affidavit, or both, the court:

1. finds that the complaint is meritorious; and

2. rules that the consent is not required.

(3) Except by an order of court for good cause shown, a proceeding under this subtitle may not be dismissed voluntarily without the consent of the State's Attorney.

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