Paternity Disputes
If a couple has a baby in Michigan, whether married or unmarried, paternity often comes into question, especially when the couple splits up or the parents never had a relationship. There are many possible reasons for paternity disputes, but legally there are only certain ways these arguments can be carried out. Get support from BBA Law, family law firm in Shelby Township, MI.
Reasons to Establish Paternity
Having a child together is complicated, but when parents choose to go separate ways, things get complex. If the mother or father wants to establish paternity, the results impact major elements of the child’s and adult’s life, from child custody to parenting time, even if the parents were never married. Some of the most common paternity situations:
- Mother is unsure who the child’s father is.
- Mother does not want the father to know he has a child.
- Father does not believe he is the father of the child.
- Father wants to prove he is the father and establish parenting time.
The Paternity Question at Birth
When a child is born, the mother is responsible for completing legal documentation for the child’s birth certificate. Some mothers choose to leave the “father” line blank. This choice is personal for every woman for notable reasons:
- The state of Michigan assumes any child of a marriage is a product of the marriage and the father has the right to child custody, parenting time, and the obligation to pay child support should the marriage end in divorce.
- In difficult unions or instances where safety is a concern, a mother may choose to avoid naming a father for the sake of the child.
- In situations where a difficult relationship has produced anger, a mother may not name a father out of spite.
- Some women agree not to name the father to protect the identity of the father by his request.
While omitting a father’s name from the birth certificate may seem like the right choice in the moment, this decision can have serious consequences for both parents and child. Men who want to prove paternity will experience hurdles at every turn if their name is not listed as the child’s parent. Just as consequential, a mother has no right to child support from the father if she does not legally name him.
The Affidavit of Parentage in Michigan
When a child is born out of wedlock, the father is given an Affidavit of Parentage to sign at the hospital. In Michigan, this document allows him to acknowledge he is the father of the child, and the mother has initial custody of the child. The mother must also sign this document. Some other details to know about the affidavit:
- Serves as legal proof for a father to show he is the parent of the child in question, even if his name was omitted from the birth certificate.
- If a father is not certain of paternity, signing this document without seeking legal counsel first is unwise.
- A father’s signature on the affidavit automatically waives his right to a blood test or trial to determine paternity.
Paternity Disputes in Michigan
Unmarried fathers have rights. They also have obligations when paternity is established, including child support. If a Complaint for Paternity is filed by mother or father, it alleges the man named is the father of the child. From there, an order can be filed so the father can assert his rights for parenting time and custody.
Whether you need to revoke your acknowledgment that you are not the father of a child or whether you are a mother seeking to confirm paternity, contact BBA Law to discuss paternity disputes. Any matter involving paternity is complex. Our goal is to expedite the matter, ensure the rights of mother and father, and reduce any disruptions to the child’s life.
