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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 Laurie Schmitt
    • About Laurie Schmitt Attorney
    • Honors and Awards
  • Divorce
    • Separate Maintenance
    • Spousal Support and Modification
  • Family Law Services
    • Child Custody
    • Paternity
    • Change of Domicile
    • Child Support
    • Post-Judgement Modification
    • Enforcement of Court Orders
    • Limited Scope Services
    • Uncontested Divorces
  • Alternative Divorce Options
    • Mediation
    • Collaborative Divorce
    • Uncontested Divorce Process
  • Blog
  • Contact

Paternity

Children born outside of marriage pose specific legal issues that must be addressed: custody, parenting time, and child support.

What rights and obligations do each of the parents have?

Rights of Mother:
It is the Mother’s right to establish paternity of the child. Paternity can be established based on a DNA test or by both parents signing and filing an acknowledgment of paternity with the State of Michigan, either at the time of the child’s birth or afterward. Establishing paternity is important for Mothers because it is needed when requesting child support. Once paternity has been established, child support can be calculated based on Michigan’s uniform child support guidelines.

The Father may or may not be willing to contribute, and sometimes a child support suit is the only way to ensure financial support from him. Additionally, the Mother retained custody rights over the child, which includes the rights of care and control of the child unless otherwise decided by the court. If the father has established paternity, he may contest for more rights, but he has no guaranteed rights before this action is taken. Though he may gain partial custody, he cannot win primary custody over a mother who has provided for and cared for a child.

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Rights of the Father:
Fathers who were not married when their child was born must legally establish paternity in order to gain access to their rights. Paternity can be established by both parents signing and filing an acknowledgment of paternity with the State of Michigan, either at the time of the child’s birth or afterward. 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. Once the Court is involved, upon request, the Court can order a DNA test to establish paternity. Once paternity is established, a father may pursue parenting time or other custody rights.

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From The Blog

Can My Spouse and I Attend The Initial Consultation Together If We Agree On All The Terms of Our Divorce?

THE SHORT ANSWER: NO Even if you and your spouse agree on the terms of your Judgment of Divorce prior to filing for your divorce, you still may not attend a consultation together with Schmitt Law, PLLC.  TO ELABORATE… The reason why Schmitt Law, PLLC will not meet with both parties at the initial consultation […]

How To Serve Divorce Papers

There are several ways to serve your spouse with divorce papers in the State of Michigan. The following are the forms of service available in which you may serve divorce papers, along with the pros and cons of each. By a Process Server The first way to serve your spouse with divorce papers is by […]

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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

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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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