PATERNITY IN MICHIGAN
Attorney Ellen Paynter, a Michigan Paternity Lawyer, provides information in this web site regarding Michigan Paternity law and procedure.
Attorney Ellen Paynter is often contacted by other attorneys and the media regarding Michigan Paternity laws.
Establishing Paternity in Michigan
Establishing paternity means making a legal determination that the biological father of a child is in fact the child’s legal father.
How is paternity established in Michigan
- Automatic paternity
- If the mother of a child is married when the baby is born, her husband is assumed to be the legal 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 legal father, unless a court order or judgment says otherwise.
- Paternity by Agreement
- If the mother is not married at the time of conception or birth, paternity can be established by both parents signing a Michigan Affidavit of Parentage and filing it with the Michigan Department of Community Health’s Office of the State Registrar.
- Paternity by Court Judgment
- Paternity can be also be established by filing an action with the Court if no legal father has been established.
- Either the mother or the father may file a Court action to establish paternity.
- The prosecutor’s office may file on behalf of the mother if the mother is receiving public assistance.
- Once the Court is involved, upon request, the Court can order a DNA test to establish paternity.
- Even if the Michigan Affidavit of Parentage is signed and filed with the State of Michigan, the biological father (who is not already a legal father) has no official right to custody or parenting time, nor is he obligated to pay child support.
- The Acknowledgment of Parentage Act provides that 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 regarding Paternity (called a judgment or order of filiation), does the biological father (who is already a legal father) have official rights to custody and parenting time.
- Only after the Court enters a judgment filiation and order of support is the father required to pay child support.
Should you establish paternity with the Court
If a biological father is not determined to be the legal father:
- The biological father has no official right to custody or parenting time, nor is he obligated to pay child support.
- 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 regarding Paternity (called a Judgment or Order of Filiation), does the father have official rights to custody and parenting time.
- Only after the Court enters a judgment filiation or an order of support, is the father required to pay child support.
When can a paternity case be filed in Michigan
- An action under the Michigan Paternity Act may be commenced by the mother, the father or the prosecutor, during the pregnancy or at any time before the child reaches 18 years of age.
- It may be possible for the child to file an action for paternity or support between age 18 and 19.
Find more information about Michigan Paternity
You can find more information about paternity in Michigan at:
Let Us Help You
- Whether you have received a paternity suit in Michigan or you want to file a lawsuit to establish paternity we can help you.
- If you are being sued for support in Michigan, you need an experienced Michigan paternity attorney to protect your rights.
- Contact us today so that we can discuss your case.
This above is not intended to be legal advice, and is only a brief overview of this area of law. If you have any questions regarding your paternity matter, contact us today. A Michigan paternity lawyer will provide you with information protecting you and your family for years to come.