Sec. 07.07.04.02. Legal Action  


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  • A. The support enforcement agency shall initiate legal action to establish paternity when paternity is at issue as specified in Family Law Article, §5-1006, Annotated Code of Maryland.

    B. Within 90 days of locating the alleged father, the support enforcement agency shall:

    (1) Legally establish paternity;

    (2) Exclude the alleged father as the biological father; or

    (3) Complete service of process, if necessary, to commence proceedings to establish paternity.

    C. If an alleged father is excluded, but another alleged father has been identified, the support enforcement agency shall initiate paternity action against the newly identified alleged father.

    D. In a TCA case in which the custodial parent fails to cooperate without good cause, the prosecutor may file the petition with the State named as the plaintiff.

    E. If attempts at service of process are unsuccessful, the support enforcement agency shall document the unsuccessful attempts.