Divorce

Michigan Paternity Information

Michigan Paternity Lawyer provides information regarding Michigan Paternity law and procedure.

What Is Paternity?

Establishing paternity means determining that the biological father of a child that is born out of wedlock is in fact the legal father.

How Is Paternity Established?

If the mother of a child is married when the baby is born, her husband is assumed to be the father, unless a court order or judgment says otherwise.

If the mother has been divorced or widowed for less than ten months, her husband at the time of conception is assumed to be the father, unless a court order or judgment says otherwise.

If the mother is not married at the time of conception or birth, paternity can be established by both parents signing a voluntary Affidavit of Parentage and filing it with the Michigan Department of Community Health's Office of the State Registrar.

Paternity can be established by filing an action with the Court. Either the mother or the father may file a Court action to establish paternity. If the child is receiving public assistance, the Michigan Family Independence Agency, via the local prosecutors office, may file to establish paternity on behalf of the mother. Once the Court is involved, the Court may order blood tests to establish paternity.

Why Should You Have Paternity Established By The Court?

Even if there is an Affidavit of Parentage filed with the State of Michigan, the biological father has no official right to custody or parenting time, nor is he obligated to pay child support. In Michigan, the Acknowledgment of Parentage Act provides that after a mother and father sign an acknowledgment of parentage, the mother is presumed to have custody of the minor child unless otherwise determined by the court or otherwise agreed upon by the parties in writing. Only after the Court enters a judgment or an order, does the father have official rights to custody, parenting time. Only after the Court enters a judgment or an order, is the father required to pay child support.

When Can A Paternity Action Be Filed In The Court?

An action under this Michigan Paternity Act may be commenced during the pregnancy of the child's mother or at any time before the child reaches 18 years of age.