Determining paternity can be essential for mothers, fathers, and children in Michigan. Mothers may wish to establish who the father of their child is for child support purposes. Fathers may wish to establish paternity to gain parental rights. Children benefit from knowing who their fathers are in various ways, such as by forming a relationship with them and better understanding their family medical history, for example.
Ways to Establish Paternity in Michigan
Under Michigan law, there are three primary ways to establish paternity:
- Marriage Presumption
When a child is born or conceived when the mother and father are married, both spouses are presumed to the parents of that child.
- Voluntary Acknowledgment
One way parents can establish paternity for children born out of wedlock is to have both parents sign an affidavit of parentage and submit it to the Michigan Department of Health and Human Services (MDHHS). The method involves the parents voluntarily acknowledging who the father is and establishing the father’s legal rights and obligations to the child born to unmarried parents.
- Paternity Action
When voluntary acknowledgment is not possible, either parent can file a paternity action with the court to establish the child’s parentage. As part of this process, the court may also order a DNA test to determine the biological father of the child. The legal process involves submitting paperwork, may require a hearing, and will require a decision made by a judge.
How to Request a Paternity Test in Michigan
Requesting a paternity test in Michigan involves filing a paternity action in the county where the mother or child lives. If the mother and child do not live in Michigan, the paternity action can be filed in the county where the potential father lives.
Once the paternity action is filed and the other parent has been served a copy of the petition, the court will schedule a hearing. At this hearing, either party can request a DNA test to establish paternity. If the father’s paternity is established, he typically pays for the test. Otherwise, the party who requested the test typically pays.
If a potential father refuses the paternity test, he could face a contempt of court charge, which could result in a fine or jail time. Alternatively, or additionally, the court may enter a default against the potential father.
Adding a Father to a Birth Certificate in Michigan
To add a child’s legal father to a birth certificate in Michigan, the parents can file an application to correct a certificate of birth with the hospital where the child was born. Simply filing an affidavit of parentage with the courts does not change a birth certificate.
Get Help from Our Michigan Family Law Attorneys
Establishing paternity can positively impact you and your family in countless ways. Establishing a legal father has potential legal, financial, medical, and emotional benefits. The attorneys at Kraayeveld Family Law can help you take the necessary steps.
Contact our law firm today to speak with an experienced family law attorney for guidance on establishing paternity.
