Revocation of Paternity in Michigan

Frequently Asked Questions About Revocation of Paternity in Michigan

Who may file for revocation of paternity in Michigan?

In Michigan, several parties have the authority to file a motion to revoke paternity under the Revocation of Paternity Act (ROPA). The presumed father himself can initiate this process, reflecting his belief that he is not the biological parent. Additionally, the biological mother has the right to file, which could be pertinent in cases where paternity is contested. Furthermore, an alleged biological father may also seek to challenge the established paternity. Lastly, a prosecuting attorney can file on behalf of the state to ensure the accurate determination of parentage, protect the rights of the child, and uphold the integrity of the legal process.

What is the Revocation of Paternity Act (ROPA) in Michigan?

The Revocation of Paternity Act (ROPA) in Michigan provides a legal framework for individuals seeking to disestablish paternity. This law allows men who believe they are not the biological fathers of a child to challenge that status despite previous legal recognition. Validating claims under ROPA generally requires the presentation of new evidence, such as DNA testing, which can establish biological relationships. ROPA serves to protect individuals from the responsibilities and implications of paternity when it has been incorrectly assigned.

What is the timeframe for filing a revocation of paternity in Michigan?

The time constraints for filing a motion to revoke paternity in Michigan are clearly defined under the Revocation of Paternity Act (ROPA) to maintain order and clarity in such cases. Generally, individuals have three years from the date of the child’s birth to initiate the proceedings. Alternatively, if an Acknowledgement of Parentage (AOP) has been signed, the timeframe extends to one year from that date or from the date an order of filiation is entered, depending on which period occurs later.

What are the grounds for revoking paternity in Michigan?

The Revocation of Paternity Act (ROPA) outlines several valid grounds for contesting established paternity. Mistake, fraud, duress, or misrepresentation can all serve as legitimate bases for filing a motion to revoke paternity. Additionally, newly discovered evidence that suggests the presumed father is not the biological parent can justify such actions.

May a man voluntarily revoke paternity established by an AOP in Michigan?

In Michigan, a man may voluntarily seek to disestablish paternity that was established through an Acknowledgment of Parentage (AOP). This is achieved by filing a Complaint/Motion and Affidavit to Revoke Acknowledgment of Parentage with the appropriate court. This legal action allows the man to contest his responsibilities associated with being recognized as the child’s father.

What happens if a motion to revoke paternity is denied in Michigan?

If a motion to revoke paternity is denied by a court in Michigan, the presumed father continues to hold the legal status of a father. This designation entails all associated rights and responsibilities, which may include obligations for child support and custody arrangements.

Do I need a lawyer for revocation of paternity cases in Michigan?

Due to the complicated and often emotionally charged nature of revocation of paternity cases, consulting a family lawyer skilled in paternity cases is a wise decision. Engaging the services of an attorney facilitates a more effective representation of your interests, and the protection of the rights of all parties involved.