Paternity in Michigan

Frequently Asked Questions About Paternity in Michigan

How can paternity be established in Michigan if the parents are unmarried?

In Michigan, unmarried parents can establish paternity through two primary methods: voluntarily signing an Affidavit of Parentage or obtaining a court order. The Affidavit of Parentage is a formal legal document that both parents sign, explicitly recognizing the father as the child’s legal parent. To make this document official, it must be submitted to the Central Paternity Registry, which helps maintain accurate records of parental relationships. If there’s any dispute regarding paternity, a court process, including DNA testing, may be necessary to resolve the matter.

Can paternity be contested after signing an Affidavit of Parentage in Michigan?

Once the Affidavit of Parentage has been signed, the father typically gives up the right to challenge paternity in court or to request a DNA test unless he can demonstrate that he signed under circumstances like fraud or duress. This means that signing the affidavit carries significant legal weight and effectively establishes the father as the child’s legal parent. If there are concerns about the authenticity of parentage, it is crucial to address these before signing the affidavit.

What happens if there is doubt about the child’s paternity?

When doubts arise regarding a child’s paternity, it becomes necessary to conduct a DNA test prior to signing the Affidavit of Parentage. A DNA test can provide conclusive evidence about biological relationships and help prevent future legal complications or emotional distress.

What rights does a father have after establishing paternity in Michigan?

After establishing paternity in Michigan, the father gains important rights such as the ability to seek custody and establish a parenting time schedule. Having established his legal status as the child’s parent, his name can also be added to the birth certificate, which formalizes his relationship with the child in official documents.

Can paternity be established if the mother is married to someone else?

Paternity can be established in cases where the mother is married to another individual, but additional legal steps are necessary. In these instances, the court may evaluate evidence or testimony to determine the biological father’s rights and responsibilities accurately. An experienced Michigan family law attorney can help present evidence, advocate for the biological father’s rights, and ensure that all procedural requirements are met.

May paternity issues be addressed outside of the statute of limitations in Michigan?

In Michigan, the statute of limitations for establishing paternity is generally up until the child turns 18 years old. However, there are some exceptions where paternity may be addressed outside this timeframe. For instance, if paternity was not previously established due to a lack of knowledge or if new evidence (such as genetic testing) becomes available, the court may allow a paternity case to proceed under specific circumstances.