The Maryland Court of Appeals has issued an opinion affirming the Court of Special Appeals decision in Kamp v. Dept of Human Services. Maryland's highest court upheld that an individual seeking to "belatedly" challenge a paternity finding must show that a DNA test would be in the child's best interest. Under these facts, the father knew that the child was not his, yet sought custody in a divorce proceeding and entered into an agreement regarding custody and child support. Several years later, he sought to remove his child support obligation because the child was not his. The trial court granted the order for the test, the Court of Special Appeals overruled and remanded the case, so now the case would be headed back to the trial court to determine if the test would be in the best interests of the child.
What happens if a dad at the time of the divorce is now questioning the paternity of the child? Here is my best guess: same result is likely because it would mean possibly making a child born during the marriage illegitimate.