The Michigan Paternity Act
THE LAW
- The Paternity Act, MCL 722.711 et seq.: The purpose of the Paternity Act is to provide for support of children born out of wedlock. If paternity is not established under one of the other acts or the laws of another state, the party seeking a finding of paternity may file suit in the family division of the circuit court under MCL 722.714(1). The mother, the alleged father (also known as a putative father), or the Department of Health and Human Services (DHHS) may bring the action. MCL 722.714(1). The plaintiff must allege that the child was born out of wedlock. This requirement frequently created a standing problem for a man seeking to establish his paternity when the mother was married to another person during any part of the pregnancy. The Revocation of Paternity Act (RPA) remedied this problem by allowing an alleged father to bring an action to determine a presumed father (i.e., the mother’s husband) is not a child’s father or to set aside an acknowledgment of parentage or an order of filiation under limited circumstances.
THE MICHIGAN PATERNITY ACT WAS CREATED FOR TWO IMPORTANT REASONS:
- to promote the legitimization of children born out of wedlock, and
- to provide a means by which custody, parenting time, and child support can be determined for children born out of wedlock
THE FORMER LAW
In 2012, the Michigan’s Paternity Act was signed into law. Previously, if a woman was married at the time she conceived or birthed a child, even if that child’s biological father was not her husband, the husband was immediately given the legal title of father. Similarly, if a child was born out of wedlock and a man, other than the biological father, came forward and signed an Acknowledgement of Parentage, it was legally granted. In both cases, the biological father suddenly had no legal claim to the child.
THE CURRENT LAW
Today, a biological father that is not married to the mother of the child can petition the court to establish paternity. This way, even if another man is listed as the legal father of the child, if the biological father can prove his claim, he can establish paternity. Once the biological father establishes paternity, he can seek custody and parenting time with the child, and can change the birth certificate to reflect that he is the father.
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.
