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Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

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616.608.4634

  • Home
  • About
    • About Laurie Schmitt
    • Honors and Awards
    • Inspirational Quotes
  • Divorce
    • Uncontested Divorce
    • Collaborative Divorce
    • Mediation
    • Spousal Support
    • Spousal Support Modification
    • Annulments
    • Separate Maintenance
    • Alternative Divorce Options
  • Family Law
    • Limited Scope Services
    • Child Custody
    • Change of Domicile
    • Post-Judgement Modification
    • Enforcement of Court Orders
    • Child Support
  • Paternity
    • Affidavit of Parentage
    • The Michigan Paternity Act
    • How Does A Paternity Case Work
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Laurie Schmitt

Substance Abuse and Fighting For Custody/Parenting Time

September 11, 2023 By Laurie Schmitt

Fighting for custody and parenting time of your children is a hard enough road. But, if you have an ongoing drug or alcohol problem, it makes it a much more difficult to navigate your case.

WHAT DOES A JUDGE LOOK AT

child custody and addiction

What will your judge look at in determining your custody case if the other parent is alleging you have an alcohol or drug problem? The following are just a few of the things a judge will review before granting you custody and parenting time if the other parent is alleging you have an alcohol or drug issue:

  • What type of issue are you having: alcohol or drugs?
  • Does the other parent have clear documentation of your alcohol or drug problem?
  • If you have a drug problem: what is your drug of choice?
  • How long have you been battling with your addiction?
  • Are you currently treating with a counselor?
  • Are you attending AA or NA meetings?
  • How often do you attend AA or NA meetings?
  • Do you have a sponsor?
  • What will your sponsor say about you if asked to testify?
  • Have you sought treatment at an alcohol or drug treatment facility?
  • How long have you been clean/sober?
  • What proof can you provide of your sobriety?
  • Can you pass a drug test today and throughout your custody case?

WHAT CAN HAPPEN IN YOUR CASE

What may happen in your custody and parenting time case if the other parent is alleging you have an alcohol or drug problem? The answer is: it depends. However, the following are just a few of the things the judge may require from you if it can be proven you have an ongoing alcohol or drug problem.

  • You may be subject to supervised parenting time. This could be with a family member, or at an agency. If it is with an agency, you may be solely responsible for the cost.
  • You may be required to take drug and/or alcohol tests. These drug/alcohol tests may be solely at your cost.
  • You may be required to purchase a device that tests your sobriety prior to and/or during your parenting time.
  • You may have your parenting time suspended if you are unable to successfully pass tests, and are unable to remain clean and sober.
  • If may not be given overnight parenting time.

WHAT YOU NEED TO DO

  • You need to be prepared to prove your sobriety.
  • If you are not attending AA or NA meetings, or not attending regularly, you need to attend meetings and do so on a regular basis.
  • You need to get a sponsor, and build that relationship so that you can maintain your sobriety.
  • You need to seek appropriate counseling for your alcohol or drug addiction.
  • Stop lying to yourself and others. You need to stay completely sober. This means you can’t substitute one addiction for another and say you are clean and sober. As an example of a common statement client’s make: I had an opiate addiction, but now only smoke marijuana or drink alcohol. I am clean and sober. Are you really clean and sober?    

In summary, your sobriety is directly related to the best interest of your child(ren). If you can’t or won’t maintain your sobriety, it will have a significant impact on what type of custody you are granted, and the amount of parenting time you will get to exercise. Only you can do the work to maintain your sobriety and fight for your rights as a parent.

CHILDREN ARE FIRST.  GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC we understand that the interests of your children always come first. Whatever your situation, Schmitt Law, PLLC is experienced, sympathetic and willing to help you achieve the best outcome for your entire family. 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 Street SW, Suite 112D, Grand Rapids, MI 49503.

Filed Under: Issues Concerning Children Tagged With: Children, Collaborative Divorce, Substance Abuse

I Don’t Want To Take My Spouse For Everything They’re Worth

September 4, 2023 By Laurie Schmitt

Getting a divorce is a difficult process. And you’re looking for your divorce to be uncontested, fair and equitable. You’ve made the decision you don’t want to fight. But, making the decision that you don’t want to fight should never equal walking away from an appropriate share of the marital estate

Perhaps through the divorce process your spouse is stating you’re not entitled to certain assets.  Or it may be that you don’t feel you are entitled to certain assets. As examples, you feel if you ask for a portion of your spouse’s 401K, or for a portion of the equity in the house, you’re “taking them for everything their worth”. 

Divorce

The reality is that both you and your spouse built your marital estate while you were married.  You each contributed to the marriage. And therefore, the marital estate should be divided fairly and equally between you and your spouse. And even though you may feel that asking for your fair share of the marital estate is too much, or makes you feel you are taking your spouse “for everything their worth”, it’s what is fair and equitable. 

If you decide to walk away from obtaining what you’re entitled to you in your divorce, you may suffer buyer’s remorse in the future. And after the divorce is completed it’s too late to change your mind! Once the Judgment of Divorce has been signed, and you’re officially divorced, you will not be able to reopen your case for a review of the property distribution. It’s only in vary rare cases that a judge would entertain review of property distribution after the divorce is finalized. And assume your case is not one of those exceptions.

As both you and your spouse will need to re-build your financial future, you need to analyze what is best for you. Before you make financial decisions that you may regret, decisions that are final, and decisions that will impact your future, seek a consultation with an experienced family law attorney to discuss your options.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Divorce can be emotional and messy, and it’s natural for anyone going through a divorce to want to protect their financial interests. Maintaining an objective view of the situation can be difficult when you are struggling with complex emotional issues and personal tensions in your divorce. As an experienced Michigan divorce lawyer, Schmitt Law, PLLC can help you maintain control over your property in divorce, and against taking on responsibility of debt that may not be marital. We will provide detailed guidance and support throughout every step of the process. The right attorney can increase the likelihood of you securing a favorable outcome to property and debt division in your divorce.

Laurie Schmitt of Schmitt Law, PLLC has years of experience representing clients in a wide range of difficult divorce cases. We understand the financial concerns our clients often have regarding their property ownership rights and the doubts they often experience when it comes to property division in divorce. If you are seeking a divorce, contact us today to schedule a consultation. Contact Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Filed Under: Collaborative Divorce Tagged With: Collaborative Divorce

Co-Parenting – What’s In It For You?

August 28, 2023 By Laurie Schmitt

Why is it important to you to co-parent? What do you gain from effectively co-parenting with your ex?  What’s in it for you? 

The most important (and obvious) reason to effectively co-parent with your ex is that your children are watching your behavior. They are analyzing how you handle issues with your ex. They learn by your example. And the lack of effective co-parenting takes its toll on your children. 

Your children are depending on you and your ex to be their role models. Two adults arguing over trivial issues presents a pitfall spectacle. You and your ex should be aware of the example you are setting and the lessons your children will learn from your constant arguing. And that lesson to your children is that adults should turn minor disagreements into a war.

Co-Parenting and Divorce

Note that effective co-parenting is for the benefit of the children. When you co-parent with your ex, keep in mind how wise and generous decisions will affect the future and benefit of your children. And the benefits to your children include children that don’t feel they are in the middle of your war, and children that have fond memories of their childhood because they are left out of adult wars. As your children should come first and foremost to both you and your ex, co-parenting should be second nature.

It’s not easy trying to co-parent with the very person who you divorced. There’s so much history, and it may not all be good history. But everything is not about you, your ex, or your divorce. It’s no longer about what brought you and your ex to end your marriage. It’s about the best interest of your children.

All too often, family law practitioners must educate clients on matters that should seem common sense to parents. Matters such as the importance of co-parenting, and how to effectively co-parent. And it’s a shame that people must receive common sense advise from attorneys. Or worse yet, hear it from a judge. 

So next time you and your ex disagree on an inconsequential issue, stop and think about what’s best for your children.  How will getting into a war positively impact your children? And is the outcome that your ex is suggesting good for the children? If so, why start a war. To summarize, be better parents when the occasion calls for it.

GRAND RAPIDS COLLABORATIVE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce and post-divorce matters that promotes positive communication and cooperation. Laurie K. Schmitt, founder of Schmitt Law, PLLC, is an Attorney, Mediator, and Collaborative Divorce lawyer. When possible, she guides her clients through amicable divorce and post-divorce settlements so they can move forward with their life. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503. Contact Laurie at (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you.

Filed Under: Issues Concerning Children Tagged With: Children, Collaborative Divorce, Family Law

What Is The Process For An Uncontested Divorce In Michigan?

August 21, 2023 By Laurie Schmitt

The following is a step-by-step guide on how to obtain an uncontested divorce in Michigan:

RESIDENCY REQUIREMENTS

Before you can file for a divorce in Michigan, you or your spouse must have lived in the state for at least 180 days. Also, one spouse must have lived in the county where the divorce papers are filed for at least ten days.

COMPLETE THE DIVORCE DOCUMENTS

Collaborative Divorce

You can obtain the divorce documents from the courthouse in the county in which you reside.  Or, some counties have the divorce documents available to complete and file online. All parties that are filing for divorce will need to complete a Summons, Complaint for Divorce, and Record of Divorce. If you have minor children of the marriage, you will also need to complete and file a Uniform Child Custody Act Affidavit, Verified Statement and Application for IV-D Services.

FILE YOUR DIVORCE DOCUMENTS WITH THE COURT

You must file your divorce in the county in which you have resided for the last 10 days. When you file your divorce documents, you will be required to pay a filing fee to the clerk of court. 

SERVICE OF THE DIVORCE DOCUMENTS

Your spouse must be served with the divorce documents that were filed. The following are your choices for service:

  • Your spouse may accept service voluntarily. If they do so, they must complete the acknowledgement of service section found on the second page of the Summons.
  • Any person over the age of 18 (and not a party to the case) may service your spouse. This means you are not allowed to serve your spouse. Once that person has served your spouse, they must complete the Affidavit of Service section found on the second page of the Summons.
  • You may hire a process service to complete service. You will be responsible for  payment of the process server’s fees. 
  • You may serve your spouse through certified mail. Once you have the return card  back from the post office, you must file that card with the clerk of court.

FILING AN ANSWER

Your spouse will have 21 days to file an answer to the Complaint for Divorce (28 days if served by mail).

COMPLETE AND EXCHANGE FINANCIAL DISCLOSURES

The Michigan courts require you to provide full disclosure of your financial situation. You and your spouse must each complete the Domestic Relations Verified Financial Information Form (to be signed in front of a notary). The Domestic Relations Verified Financial Information Form is not filed with the court but must be exchanged between the parties. 

COMPLETING THE JUDGMENT OF DIVORCE

As you are going through an uncontested divorce, it is assumed you and your spouse are not contesting any issues of your divorce such as custody, parenting time, child support, or property/asset/debt division. You and your spouse must agree on all matters of your divorce and complete a Judgment of Divorce outlining your agreements. Once you have this completed, you can move on to setting the final hearing.

MANDATORY WAITING PERIOD

If you and your spouse do not have children together, there is a two-month waiting period before the court can finalize your divorce. If you do have children together, there is a six-month waiting period. This waiting period begins on the day that the complaint for divorce is filed with the court.

SCHEDULE THE FINAL HEARING

Once you and your spouse have signed the Judgment of Divorce, a final hearing can be scheduled. Because hearing date availability can be weeks out, you should contact the court as soon as you both have signed the Judgment of Divorce. Even if your mandatory waiting period has not passed, you can schedule the final hearing. But the actual final hearing date must be on or after the mandatory waiting period.  Once you have obtained a final hearing date from the court, you will need to complete a notice of hearing and proof of service. The original documents must be filed with the court, and copies mailed to your spouse.

ATTEND THE FINAL HEARING

At the final hearing, the person who filed the complaint will be required to answer a few questions from the judge. After that, the judge may review your agreement, ensure the terms of the divorce are fair and equitable, and the judge will sign a judgment of divorce.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

If you need to know more about a Michigan divorce, including how to file for a divorce, contact an experienced attorney, Laurie Schmitt at Schmitt Law, PLLC. At Schmitt Law, PLLC, we are here for you each step of the way in your divorce.  From planning your first steps, to approaching your separation, to helping you understand your rights, to signing the final documents. We can help you navigate the separation and divorce process. 

Schedule your consultation today with a dedicated attorney. We look forward to speaking to you and being your advocate during this crucial time in reframing your life. Contact Schmitt Law, PLLC online or call (616) 608-4634 to arrange a consultation. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Filed Under: Collaborative Divorce Tagged With: Collaborative Divorce

How Is A Paternity Case Different Than A Divorce?

August 14, 2023 By Laurie Schmitt

THE LEGAL SIDE OF A PATERNITY CASE

Parents who were not married to each other at the time their child was born will be required to establish paternity. Parents who were married at the time their child was born are not required to establish paternity, as it is automatically established through the marriage. Parents can voluntarily acknowledge paternity by executing an affidavit of parentage. If one parent does not want to sign the affidavit of parentage, either parent may file a motion with the court to establish paternity.

THE EMOTIONAL SIDE OF A PATERNITY CASE

LACK OF TRUST

Paternity Case

Parents who were not married to each other when their child was born may not have a significant relationship with each other, may not have lived together, and therefore may have no trust relationship with each other.  In some cases, the parents may know very little about each other.  This causes a distinct issue in paternity cases. When parents are married, they build a trust relationship. They know each other’s strengths and weaknesses as a parent. In a paternity case, there are different emotions to address. There may be no real relationship with the other parent, and this may lead to one parent believing the other parent is not equipped to appropriately care for the child. The lack of trust between the parents can also cause issues such as the belief that one parent can micromanage what takes place at the other parent’s house.

THE MOTHER’S VIEWPOINT

Mothers may feel that the father was not there during her pregnancy, or absent during the first months of the child’s life. They have resentment that the father is now stepping forward saying they want parenting time. The mother feels that they have been the primary caretaker for the child. Months or years of the child’s life could have passed, and now father says he wants to be an active part of the child’s life. Or, the father says he wants to be a part of the child’s life, the mother encourages the relationship, and father is not consistent with his relationship with the child. Therefore, mothers often question the fairness of fathers being awarded time with the child when they have been unwilling to voluntarily be a part of the child’s life.

THE FATHER’S VIEWPOINT

Fathers feel that the mother controls every aspect of the child’s life, to include whether they get to see the child, and if so when. Fathers feel that they have no access to the child and that any parenting time between the father and child is at the mercy of the mother. Fathers feel they have no say in the child’s life. It’s true that until the father has a court order determining parentage and parenting time, the mother has sole legal and sole physical custody of the minor child. Until a father is willing to step forward and establish his paternity, the mother remains in total control. The court will gladly address parentage, custody, and parenting time for fathers. But the father must be proactive and take action with the court. Fathers also believe courts are against them, and that the mother automatically gets everything she asks for in court. This simply is not the case. The family court is a court of equity and will make decisions in the best interest of the child when determining custody and parenting time.

SEEK LEGAL ASSISTANCE FOR YOUR PATERNITY CASE. GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, BARRY, AND ALLEGAN COUNTY.

Paternity cases can be a frustrating for both parents.  And 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 Street SW, Suite 112D, Grand Rapids, MI 49503.

Filed Under: Other Family Law Issues Tagged With: Children, Collaborative Divorce, Paternity Cases

Back-To-School Co-Parenting

August 7, 2023 By Laurie Schmitt

Once again, you find that your children’s summer vacation is coming to an end. And it’s time again to get your children ready to return to school.  So how can you and your ex make your children’s return to school easier?  By effectively co-parenting.  And what does that mean? 

The following is a short list of decisions that you and your ex can make together to make your children’s transition to school easier:

co-parenting and back to school
  • Are the children changing schools and need to be enrolled?  If so, who will be responsible for enrollment?
  • Are both of you in agreement to change the school of your children?  If not, have you filed a motion with the court seeking a change in schools?
  • Will the children’s school have an orientation?  Are both of you aware of the date?  Have you agreed on who will be attending the orientation?
  • Who will shop for school clothes, backpacks, and other school related necessities?
  • How will the cost of these items will be divided?
  • If you’re exercising a summer parenting schedule that differs from the school year, when will you and our ex return to the school year parenting time schedule?
  • When will you start transitioning the children to a school time evening routine and bedtime?
  • Are you and your ex willing to abide by a specific bedtime that will be upheld at both of your homes?
  • Do your children need a haircut before school starts? If so, who will take them and who will pay for it?
  • Do the children need to see the doctor or dentist before school starts?  If so, who will schedule and take them to these appointments?
  • Do the children want/need to be enrolled in extra-curricular activities?  If so, who will be responsible for enrollment and who will pay for it?
  • Are both of you in agreement to the children being enrolled in extra-curricular activities?  If not, have you filed a motion with the court to resolve this issue?

What other child related issues do you encounter with your ex when you’re getting the children ready for the new school year to start? By having a discussion with your ex in advance, you can make the back-to-school process smoother for your children, and yourself, by preventing the battle before it begins. If all else fails and you and your ex are unable to come to agreements regarding major decisions, it may require court intervention to resolve the issues.  If this is the case, you need to allow yourself enough time to file a motion and be heard by the court. 

CHILDREN ARE FIRST.  GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

At Schmitt Law, PLLC we understand that the interests of your children always come first.  Whatever your situation, Schmitt Law, PLLC is experienced, sympathetic and willing to help you achieve the best outcome for your entire family. 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 Street SW, Suite 112D, Grand Rapids, MI 49503.

Filed Under: Issues Concerning Children, Other Family Law Issues Tagged With: Back to school, Co-Parenting

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.

Paternity Case

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

Filed Under: Issues Concerning Children Tagged With: Michigan Law, Paternity Case

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. 

affidavit of Parentage

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.

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. We are located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Filed Under: Issues Concerning Children Tagged With: Affidavit of Parentage, Children

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    Laurie K. Schmitt
    Attorney, Mediator, and Collaborative Lawyer

    401 Hall Street SW
    Suite 112D
    Grand Rapids, MI 49503

    Phone: 616.608.4634

    Visa and MasterCard Accepted
    Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce.

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    Member in Good Standing - 2023 - Collaborative Practice Institute of Michigan

    Copyright © 2025 Laurie Schmitt Law, PLLC - All Rights Reserved.


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