Michigan Paternity Laws and Facts
Frequently Asked Questions
A: If you are married to the mother of your child, you are already legally recognized as the father of the child born. If you are not married to the mother of your child, you can voluntarily acknowledge that you are the child’s father, or a judge can determine who the father is in court proceedings.
A: If you do not establish paternity of your child, you have no legal rights concerning that child.
Q: How do I voluntarily acknowledge that I am the father of my child if I am not married to the mother?
A: Both the mother and father must complete an Affidavit of Parentage which may be done at the hospital. If you did not do it at the birth, you can be added to the birth certificate for a fee through the State of Michigan.
Q: What if I never completed an Affidavit of Parentage or am not on the birth certificate as the father of my child(ren)?
A: You may need to establish a paternity action in circuit court. You should speak to an attorney regarding your specific facts.
A: No. Michigan law provides that the mother has sole physical and legal rights to a child unless there is a court order giving the father of the child custody and parenting time rights. By signing an Affidavit of Parentage, you have proper standing to change custody or establish parenting time enforceable with the court.
Q:What if I am no longer in a relationship with my child’s mother and she is refusing to let me see my child?
A: You may need to establish a paternity action in circuit court, which will include parenting time. You should speak to an attorney regarding your specific facts.
You may be able to file an action to revoke paternity depending on certain circumstances. You must file an action within 3 years from the birth of the child, or within 1 year from when the Affidavit of Parentage was signed.
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