Archives for July 2023

What Is The Process In A Paternity Case In The State Of Michigan?

July 31, 2023 By Laurie Schmitt

If a child in Michigan is born to unmarried parents, paternity will need to be established. It can be as easy as both parents voluntarily signing an Affidavit of Parentage. Or it will require the assistance of the court to establish paternity.

WHAT IS AN AFFIDAVIT OF PARENTAGE?

An Affidavit of Parentage is a form signed by both unmarried parents that acknowledges, under the penalty of perjury, that they are the biological parents of a child.

CAN I FILE A CUSTODY CASE WITHOUT AN AFFIDAVIT OF PARENTAGE?

If you and the other parent signed and filed an Affidavit of Parentage, either of you may file a custody case to establish custody, parenting time, and child support. However, if you do not have an Affidavit of Parentage, you will need to establish paternity before you can file a case for custody, parenting time, and child support.

HOW DO I ESTABLISH PATERNITY VOLUNTARILY?

A father’s legal paternity must be established before custody, parenting time, and child support can be established. To voluntarily establish paternity, the mother and father can sign and file a sworn statement called an Affidavit of Parentage. There is no requirement that a DNA test must be taken. Once both parents have signed the Affidavit of Parentage, it must be filed with the Central Paternity Registry in Michigan.

WHAT HAPPENS IF I SIGN AN AFFIDAVIT OF PARENTAGE?

Once you have voluntarily signed and Affidavit of Parentage, it establishes paternity. When there is an Affidavit of Parentage in place, paternity is now established.

Under Michigan law, once an Affidavit of Parentage is signed:

It gives initial custody to the mother until either parent starts a custody case.
It allows the child’s mother to seek child support from the child’s father.
It allows the child’s father to seek custody and/or parenting time with the child.
It allows the father’s name to be added to the child’s birth certificate.

WHEN CAN YOU SIGN AN AFFIDAVIT OF PARENTAGE?

An Affidavit of Parentage often gets signed by the parents when their child is born, but it can be done any time during the child’s life.

HOW DO I ESTABLISH PATERNITY THROUGH THE COURT?

Either parent may seek to establish paternity. And signing the Affidavit of Parentage is voluntary. If either parent does not agree to sign an Affidavit of Parentage, it can’t be used to establish paternity. If this is your situation, then either the mother, father or prosecuting attorney can file a paternity case.

If court intervention is necessary, the first step is for a complaint to be filed with the court, and a hearing to be set. Next, you would serve the other parent with the complaint and notice of the hearing. A hearing will be held wherein either party may request a DNA test. If a DNA test is requested by either party, then that test will be court ordered. The father, mother, and child will be required to go to a lab and provide samples for the DNA test. Once the results of the DNA test are done, and it is determined that the party is the father, then the case may move forward to determine custody, parenting time, and child support.

WHAT IF I’M NOT SURE I’M THE FATHER?

If you have any doubt about whether you are the child’s biological father, you should obtain a DNA test before you agree to sign the Affidavit of Parentage. You must be 100% certain you are the father before you voluntarily sign the Affidavit of Parentage. If you are sure you’re the father of the child, the Affidavit of Parentage can be signed so that you can establish yourself as the child’s biological and legal father.

WHY SHOULD YOU REQUEST A DNA TEST?

When you sign the Affidavit of Parentage, you waive your right to request a DNA test, and waive your right to contest paternity through the court. If a DNA test shows that the alleged father is the biological father, the judge will sign an Order of Filiation. An Order of Filiation establishes paternity, making the alleged father the legal father. Custody, parenting time, and child support decisions would then be made in the paternity case.

WHAT IF YOU DISAGREE WITH THE PATERNITY TEST?

If the purported father disagrees with the results of the DNA test, then a trial will take place in which the court will either establish an order of paternity or, if appropriate, dismiss the claim.

GET HELP ESTABLISHING RIGHTS TO YOUR CHILD. GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Paternity in Michigan is a complicated procedure with long-term implications. It’s important to understand your rights and duties so that you will be in the best position to move forward during and after you establish your parentage. Advice from an experienced family law attorney can make all the difference in your outcome.

At Schmitt Law, PLLC, we work to ensure that our clients have the information and guidance they need to make the right decisions for their family and their future. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation. Our office is located at 401 Hall St., Suite 112D, Grand Rapids, MI 49504

What You Need To Know About An Affidavit Of Parentage

July 24, 2023 By Laurie Schmitt

THE LAW

The Acknowledgment of Parentage Act (APA), MCL 722.1001 et seq.: Unmarried parents may establish paternity under the APA by signing an affidavit of parentage, which gives a child born out of wedlock or born or conceived during a marriage but not the issue of that marriage (as determined by a court of competent jurisdiction) the same status as a legitimate child.

WHAT IS AN AFFIDAVIT OF PARENTAGE?

An Affidavit of Parentage is a document used to establish paternity is cases where the parents are not married to each other at the time their child is born.

WHO SIGNS AN AFFIDAVIT OF PARENTAGE?

An Affidavit of Parentage is signed by both parents and acknowledges that they are the biological parents of the child.

WHAT DOES AN AFFIDAVIT OF PARENTAGE DO?

An Affidavit of Parentage acknowledges who the parents are. By acknowledging parentage of a child, it allows the judge to make a determination regarding custody, parenting time, and child support.

WHEN IS AN AFFIDAVIT OF PARENTAGE SIGNED?

An Affidavit of Parentage is typically signed at the hospital after the birth of the child. However, if the biological father was not present at the birth, you and the other parent can voluntarily execute an Affidavit of Parentage and file it with the State of Michigan at any time.

WHAT IF ONE PARENT WILL NOT AGREE TO SIGN THE AFFIDAVIT OF PARENTAGE?

If one parent is not willing to voluntarily sign the Affidavit of Parentage, either parent may establish paternity by filing a motion with the court and requesting a court order establishing paternity.

CAN I BE GRANTED CUSTODY OR PARENTING TIME WITHOUT AN AFFIDAVIT OF PARENTAGE?

If you are the father of the child, a judge will not grant you custody or parenting time without paternity being established. This means that you will be obligated to produce to the judge a copy of the Affidavit of Parentage before the judge can grant you custody or parenting time. If you do not have an Affidavit of Parentage, you will need to file a motion with the court to establish that you are the father before the judge can assist you with custody and parenting time.

WHAT DOES IT MEAN TO SIGN AN AFFIDAVIT OF PARENTAGE?

As stated above, an Affidavit of Parentage voluntarily acknowledges who the parents are. By voluntarily signing the Affidavit of Parentage, you are waiving your right to a DNA test to determine if you are the biological father. And, by signing the Affidavit of Parentage you are taking on legal responsibilities to that child and will be obligated to pay child support.

WHAT IF I AM UNSURE THAT I AM THE FATHER? SHOULD I SIGN AN AFFIDAVIT OF PARENTAGE?

If you have doubts that you may not be the father, you should request a DNA test to be performed. As stated above, there are serious legal consequences to signing the Affidavit of Parentage before requesting a DNA test.

GET HELP ESTABLISHING RIGHTS TO YOUR CHILD. GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, we work to ensure that our clients have the information and guidance they need to make the right decisions for their family and their future. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation. We are located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

What’s The Point of a Collaborative Divorce? What Should You Expect?

July 17, 2023 By Laurie Schmitt

If you are contemplating a divorce, you may want to consider the collaborative process as an option to the traditional litigated divorce. So, what is the point of a collaborative divorce, and what should you expect through the collaborative process? The following are a few of the reasons to consider the collaborative process for your divorce.

OPEN DISCUSSIONS: You and your spouse are free to discuss what’s important to you, or what your concerns are. There is no wrong or right, no win or lose, and no issue that it too big or small to discuss at the collaborative table.

GOOD FAITH NEGOTIATIONS: The collaborative process is based on working in good faith. You and your spouse should come to the table with the expectation that you will resolve your issues in a cooperative mind frame, not in a litigious mind frame.

TEAM APPROACH: The collaborative process is a team approach, which leads to you and your spouse having a better outcome in your case and better long-term satisfaction with that the outcome.

CREATIVITY: Through the collaborative process, you, your spouse and your respective attorneys may think outside of the box to reach a tailored resolution that makes sense for the you, your spouse, and your children.

INFORMATION SHARING: You and your spouse should be committed to transparency. This means you both will share the necessary financial information freely in an effort to obtain a fair and equitable agreement. The adversarial nature of litigation does not lead to good information sharing between parties in the discovery process.

FOCUS ON RESOLUTION: The difference in the collaborative process versus litigation is to focus on a positive outcome, not on litigation and who will win.

CONFIDENTIALITY: Through the collaborative process, you will keep your private life private. The collaborative process and all information shared at the table remains confidential. Therefore, you protect your private information, thereby protecting your privacy.

CONTROL THE OUTCOME OF YOUR DIVORCE: Are you willing to gamble on what the judge may decide? Through the collaborative process, you and your spouse have total control of the outcome of your divorce.

CONTROL YOUR FUTURE: Why leave your future in the hands of a judge who doesn’t know your family and their needs. Once again, the collaborative process will provide you and your spouse the freedom to control the outcome and thereby controlling your future.

AVOID COURT: The court system is less than ideal. You and your spouse may grow frustrated with procedures and processes of litigation, and may not be satisfied with a judge’s decision regarding your divorce. Through the collaborative process you and your spouse will avoid fighting in open court, as all discussions, negotiations, and agreements are made at the collaborative table.

COLLABORATIVE DIVORCE: FOCUS ON WHAT’S IMPORTANT TO YOUR FAMILY. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Divorce is a painful and emotionally stressful time for everyone. That’s why more couples are turning to a gentler solution: the collaborative divorce process. A highly trained team of professionals work together with you to develop a fair, open and child centered resolution. If you want to avoid going to court, reach your own agreement, and promote positive co-parenting post-divorce, the collaborative divorce process may be an alternative for you. To find out more about the collaborative process, and to discuss if the collaborative process is right for you, contact Laurie online or by calling (616) 608-4634 to schedule a consultation. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Can I Move With The Children After The Divorce?

July 10, 2023 By Laurie Schmitt

Are you contemplating moving out of town or out of state with your child? Will this move be more than 100 miles from the child’s current legal residence? Has the court awarded you joint legal custody or sole legal custody?

THE 100 MILE RULE

Before you decide to move with your child, you should review your court order. Did it grant both of you joint legal custody of the minor child? If so, you will be unable to move with the child more than 100 miles from the child’s current legal residence without consent of the other parent or permission from the court. The child’s legal residence is where each the parties lived on the day your judgment of divorce was signed by the judge.

EXCEPTION TO THE 100 MILE RULE

Did your court order grant you sole legal custody of the minor child? If so, this is the exception to the 100 Mile Rule. If you have sole legal custody, you will not have to seek the consent of the other parent, or the permission of the court if you want to move more than 100 miles from the child’s legal residence.

SEEKING AN ORDER FROM THE COURT

You have joint legal custody of the minor child, and the other parent will not consent. You’ll need to pursue your request for a change of domicile through the court. The court will review the factors found in MCL 722.31 to determine if they will grant your request for a change of domicile.

WHAT THE COURT REVIEWS TO ALLOW A MOVE

MCL 722.31 Factors:

(a) Whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent.

(b) The degree to which each parent has complied with, and utilized his or her time under, a court order governing parenting time with the child, and whether the parent’s plan to change the child’s legal residence is inspired by that parent’s desire to defeat or frustrate the parenting time schedule.

(c) The degree to which the court is satisfied that, if the court permits the legal residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing the child’s schedule in a manner that can provide an adequate basis for preserving and fostering the parental relationship between the child and each parent; and whether each parent is likely to comply with the modification.

(d) The extent to which the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a support obligation.

APPLICATION OF THE FACTORS

When applying these factors, the court’s main focus is whether the move will improve the quality of life for both the child and the relocating parent, not just the parent. The focus must remain on the child. Courts want to hear about quality-of-life issues such as:

The quality of the schools in the proposed location. The court will determine if the school is comparable to the child’s current school.
The availability of extra-curricular activities. If the child is currently involved in extra-curricular activities, what is the availability of similar activities for the child in the proposed location.
The presence of extended family in the current location verses the proposed location.
Any other factors that provide the court with specifics of how this move will enhance the child’s life.

SEEK A QUALIFIED ATTORNEY

Because of the complexity of a change of domicile case, it can be difficult to represent yourself. And, you can expect that the results for a change of domicile case will vary significantly from court to court, as courts interpret the standards for a change of domicile very differently. If you are thinking about relocating with your children, contact Schmitt Law, PLLC to discuss your options.

AN ATTORNEY WHO UNDERSTANDS YOUR CIRCUMSTANCES. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC, our clients benefit from years of experience. We treat every client as an individual, taking the time to understand your unique situation, so as to best advise you on the steps you should take. Whatever stage your life is at, you can trust Schmitt Law, PLLC to guide you through the legal process with expertise and compassion, because we understand that family comes first. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.

Archives for July 2023

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