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Where paternity of a child is in issue, any party in interest, the mother, the father, or the child, can ask the court for a determination. That means a lawsuit can be brought by a private party or by the state. A private action for paternity is usually brought by the mother in order to get support. The state will bring an action through a prosecutor’s office when the mother applies for public assistance in order for the state to be reimbursed for the aid given.
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.
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.
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.
A: You will need to establish a paternity action in circuit court, which will include custody and parenting time. You have no legal rights to that child until you do. You should speak to an attorney regarding your specific facts
A: 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.
