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MICHIGAN PATERNITY INFORMATION
Attorney Ellen Paynter, a Michigan Paternity Lawyer provides information in this web site regarding Michigan Paternity law and procedure.
Attorney Ellen Paynter is often contacted by other attorneys and the media regarding Michigan Paternity laws. In November 2009, Detroit News Reporter Catherine Jun placed in a Detroit News article information directly from Attorney Ellen Paynter's web site. Michigan Paternity Article
WHAT IS PATERNITY?
Establishing paternity means determining that the biological father of a child that is born out of wedlock is in fact the legal father.
HOW IS PATERNITY ESTABLISHED IN MICHIGAN?
If the mother of a child is married when the baby is born, her husband is assumed to be the legal father, unless a court order or judgment says otherwise.
If the mother has been divorced or widowed for less than ten months, her husband at the time of conception is assumed to be the legal father, unless a court order or judgment says otherwise.
If the mother is not married at the time of conception or birth, paternity can be established by both parents signing a voluntary Affidavit of Parentage and filing it with the Michigan Department of Community Health's Office of the State Registrar.
Paternity can be also be established by filing an action with the Court if no legal father has been established. Either the mother or the father may file a Court action to establish paternity. If the child is receiving public assistance, the Michigan Family Independence Agency, via the local prosecutors office, generally will file an action with the local Court to establish paternity on behalf of the mother. Once the Court is involved, upon request, the Court can order dna tests to establish paternity.
WHY SHOULD YOU HAVE PATERNITY ESTABLISHED BY THE COURT?
Even if there is an Affidavit of Parentage filed with the State of Michigan, the biological father has no official right to custody or parenting time, nor is he obligated to pay child support.
In Michigan, the Acknowledgment of Parentage Act provides that after a mother and father sign an acknowledgment of parentage, the mother is presumed to have custody of the minor child unless otherwise determined by the court or otherwise agreed upon by the parties in writing. Only after the Court enters a judgment or an order, does the father have official rights to custody, parenting time. Only after the Court enters a judgment or an order, is the father required to pay child support.
WHEN CAN A PATERNITY ACTION BE FILED IN THE COURT?
An action under this Michigan Paternity Act may be commenced during the pregnancy of the child's mother or at any time before the child reaches 18 years of age.
FOR MORE INFORMATION
You can find information on the State Court Administrator's Office Web Site.
You can review The Paternity Act in Michigan at MCL 722.711.
You can review the Michigan Department of Human Services Publication 780, What Every Parent Should Know About Establishing Paternity.
LET US HELP YOU
Whether you have received a paternity suit or you want to file a lawsuit to establish paternity, a Michigan Paternity lawyer at our office can see to it that the process is executed fairly and within the guidelines of Michigan paternity laws. Whether you are seeking support or being sued for support based on paternity test results, you need an experienced paternity attorney to protect your rights and see that you are treated fairly. Contact us today so that we can discuss your case.
This above is not intended to be legal advice, and is only a brief overview of this area of law. If you have any questions regarding your paternity matter, contact us today. A seasoned Michigan paternity lawyer will discuss your legal needs and provide you with information to protecting you and your family for years to come.
There is no charge for your initial phone consultation.
Representing Paternity and Family Law clients
in Oakland County, Wayne County and Macomb County.
ATTORNEY ELLEN PAYNTER
West Bloomfield Main Office
Troy Satellite Office
Monday through Friday
****The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.****
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