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Establishing paternity in Michigan is important for many different reasons, from creating family ties for your child to securing financial support. What is paternity? It is simply the state of being someone’s father. Paternity does not necessarily refer to biological fatherhood, but rather to legal parenthood and the rights and responsibilities that come with being a child’s parent. For instance, when paternity is established, the father has the right to seek custody and parenting time with the child, while the father also has a duty to provide support for the child.
In Michigan, a spouse automatically becomes the legal parent when a woman gives birth to a child in wedlock. However, there are scenarios in which biological parentage may be uncertain, or in which proof of parentage may be required for legal reasons.
If, for example, a couple is divorcing and one or both does not want the male spouse to remain the legal parent of a child or children that are not his biological offspring, paternity must be established. This also applies in cases of annulment where a husband states fraud as his grounds for annulment based on the fact that a pregnant wife (at the time of marriage) was carrying another man’s child that the husband assumed to be his.
Additionally, a man who believes a child is his may seek paternity testing for the purposes of becoming a legal parent, gaining parental rights, seeking custody, and forming a relationship with his child or children. Women may seek proof of paternity to secure child support or determine ultimate custody of a child or children.
There are many situations in which establishing paternity is desirable. However, you should first understand paternity test laws in the state of Michigan, as well as how they apply to your particular circumstances.
Depending upon the specific facts of the case, establishing paternity can be a complicated process. If you have questions about filing a paternity case or establishing paternity in Michigan, an experienced attorney at William Jackson can answer your questions regarding your specific circumstances.