Michigan Paternity

Posted by admin on April 27th, 2006

Unlike most other states, Michigan law states that Paternity Acknowledgment is a way that an alleged father can be recognized as the child fathers, but this acknowledgment does not establish legal court recognized paternity. But, it may show custody without due process.

In Michigan, the way most popular and common ways in which to show paternity is by the acknowledgment form and filing a legal document with the court stating that you are the father, as long as the mother does not object. Even if you are the child’s birth certificate, that does not automatically deem you the child’s father.

If you need to show proof that you are the father of the child because you wish to be a part of the child’s life, pay child support, have parental rights and visitation rights you may have to file a paternity suit. The suit must be filed in the family division of the circuit court in the county in which the mother and child live. If you are the mother seeking to prove the fatherhood you must do the same. If the alleged father does not live in the same county as you can your child, then you must file the suit in the county in which he lives, or state in which he lives.
The person that files the case has the burden of showing proof. They should have information regarding as close as possible, where the mother became pregnant, when the mother became pregnant, that the mother gave birth on a certain date, that the child was born out of wedlock, and that the alleged father is the biological father of the child.

Under the Michigan Paternity Act, a case can be filed while the mother is still pregnant or at any time before the child reaches 18 years of age. If the alleged father is in fact proven to be the biological father the child through genetic testing an Order of Filiation is entered. This order must show support of the child, the reimbursement for all medical expense during the child’s birth, health care insurance, and support for the time prior to the order.

The mother of the child can not refuse any support or financial assistance from the father. If both parents wish to compromise the agreement must include the support and education of the child and the court must approve this agreement. The best interest of the child will be determined by the court.

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