Michigan Family Law

Michael Idema Grand Rapids Family Law Attorney 30 Years Experience
Michigan Paternity Law - Article by Michael Idema, Grand Rapids Family Law Attorney. Schedule a free initial office consultation: (616) 647-2200.

Michigan Family Law - Paternity

Paternity issues can arise in several situations.

Divorce Cases:

If the wife becomes pregnant or has a child by a man other than her husband during the marriage, the husband is the legal father of the child. Therefore, you must list this child in your divorce complaint. If the wife or husband does not wish the husband to be the legal father of the child, the issue of his paternity must be raised and resolved in the divorce case. If the mother wishes to have the natural father assume responsibility for the child, then she must raise the issue of paternity in the divorce case and obtain an order establishing that her husband is no longer the legal father, before the natural father's paternity can be established. Even if the husband is determined not to be the natural father, he may still have rights and responsibilities as an "equitable" parent. Therefore, if paternity of a child born during your marriage is in doubt or in issue, you need to raise and discuss this issue with your attorney.

Affidavit of Parentage:

After the birth of a child out of wedlock, the mother and father can join in an affidavit acknowledging paternity of the child. If the father has any doubt as to his paternity, he should not sign an Acknowledgment of Paternity until after a paternity test confirms that he is the father. Signing an Acknowledgement of Paternity is a waiver of the right to a paternity test. If the parties do sign the Acknowledgment of Paternity, the man becomes the legal parent of the child and assumes the responsibility to support the child. However, this does not establish any rights regarding custody, parenting time, or support obligations. The mother is presumed to be the custodial parent in the absence of a written agreement or court order. The Affidavit of Parentage does give each parent the right to start a custody or support case against the other in the event of a dispute about custody, parenting time or child support.

Here is a copy of the Affidavit of Parentage form. These forms are usually signed at the hospital following the birth of the child, but may be signed by the parents later.

Paternity Cases:

I have represented both mothers and fathers in paternity cases. However, since most paternity cases are initiated by the Department of Human Services on behalf of mothers, most of my clients in paternity cases are men defending against the paternity case. Every paternity case involves not only establishment paternity, but also establishment of custody, parenting time and support issues, including birth and other medical expenses. Where a case is initiated by the Department of Human Services, the mother is represented by an assistant Kent County prosecutor. The prosecutor's responsibility is to establish paternity and child support. The prosecutor does not represent the mother as to custody and parenting time disputes. Therefore, I may also be retained to represent the mother in paternity cases where there are custody and parenting time issues.

Where the paternity of a child is contested a paternity test will be ordered. Paternity tests will establish paternity with a high degree (but not absolute) certainty. Due to the reliability of paternity tests, it would be very unusual to have a trial over paternity itself.

When retained by a man, I will first file an answer to the complaint for paternity, so that my client is not defaulted. If you are defaulted, you give up your right to the paternity test or to have a say in custody, parenting time and child support issues. You will be referred for a paternity test. If the test shows that you are not the father, the case will be dismissed. If the test shows you are the father, we will proceed to negotiate or litigate your rights regarding custody, parenting time, and child support issues.

Occasionally I am contacted by a man who wishes to initiate a paternity case. The paternity act allows you to initiate a case for a child born out of wedlock. If the mother is married, then her husband is the legal father absent a court order establishing that he is not the father. If there is no such court order, you will not be able to start the paternity case and establish your relationship with the child.

Other Cases:

Paternity issues can also arise in other types of cases, such as adoption or juvenile neglect and abuse proceedings. If you are a father expecting a child who the mother may put up for adoption, there are things you should do before the birth of the child to protect your rights. Call for an appointment to start planning before the birth.

Free Initial Consultation:

To schedule a free initial office consultation with Michael Idema, call (616) 647-2200.

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Michael Idema

Divorce Lawyer

6410-A Alpine Ave NW

Comstock Park, MI 49321

(Between 7 & 8 Mile Roads)

mike@michaelidema.com

(616) 647-2200

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