Current as of: 2010
(a) A complaint need not be in any particular form.
(b) The complaint shall be written in simple, nontechnical language.
(c) The complaint shall state the facts on which the complaint is based.
(d) (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) (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.Prev
Questions & Answers: Family Law