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Ashley Legal, PLLC
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Experienced Paternity Lawyer for Your Legal Needs

What is Paternity?

Paternity is the legal determination of a child's father. Establishing paternity, the paternity establishment process, is crucial for:

  • Child Support: Ensuring financial support for the child's upbringing.
  • Custody & Visitation: Securing parenting time and involvement in the child's life.
  • Inheritance Rights: Granting the child inheritance rights from the father.

How to Establish Paternity:

 There are two main ways to establish paternity in Michigan:

  • Affidavit of Parentage: A voluntary agreement signed by both parents acknowledging paternity.
  • DNA Testing: A court-ordered DNA test to scientifically determine paternity.

In situations of Revocation, a presumed father would use the same DNA testing. The alleged father would do the same for the paternity establishment process.  

Benefits of Establishing Paternity:

The Paternity Establishment Process helps with: 

  • Fathers' Rights: Secures your legal rights as the child's father.
  • Child's Well-Being: Provides stability and financial support for the child.
  • Emotional Connection: Allows you to build a relationship with your child.

Our Experienced Paternity Lawyers Can Help:

  • Guide you through the paternity establishment process.
  • Represent you in court proceedings, if necessary.
  • Fight for your rights to child support and visitation.

We understand the complexities of paternity cases. Contact us today for a consultation. 

Methods to Establish Paternity

By Marriage (Automatic Establishment)

By Affidavit (Voluntary Establishment)

By Affidavit (Voluntary Establishment)

 

If a mother is married when her baby is born, or if she was married when she became pregnant, Michigan law automatically decides that her husband is the legal father. 

  • How it works: No extra paperwork or tests are needed. The husband's name is put on the birth certificate automatically.



By Affidavit (Voluntary Establishment)

By Affidavit (Voluntary Establishment)

By Affidavit (Voluntary Establishment)


If the parents are not married, but they are both 100% sure who the biological father is, they can sign a paper called an Affidavit of Parentage (AOP). 

  • How it works: This form is usually signed at the hospital right after birth, but it can be signed and notarized later. 
  • Important Note: Signing this form is completely voluntary. Once signed, both parents give up their right to ask for a DNA test. While these can be revoked, there is a significant legal battle to do so. 

By Order of Filiation (Legal Establishment)

By Order of Filiation (Legal Establishment)

By Order of Filiation (Legal Establishment)

 If parents are not married and there is a disagreement or uncertainty about who the biological father is, someone must file a paternity lawsuit in court.

  • Who can file: The mother, the alleged father, or even the state's prosecuting attorney (if the mother receives state assistance) can start this case. 
  • How it works: The court will order a DNA test (using a quick cheek swab). If the test proves the man is the biological father, the judge will sign an Order of Filiation, making him the legal father. 

By Adoption (Establishment by Choice)

By Order of Filiation (Legal Establishment)

By Order of Filiation (Legal Establishment)

 Paternity can also be established through adoption. 

  • How it works: If another man (like a stepfather) adopts the child with the permission of the biological parents, he becomes the child's legal father. This completely replaces any previous legal father.

Revoking Paternity, Paternity Issues, & the Paternity Establishment Process

Facing a Paternity mistake in Michigan?  This can impact custody and parenting time.  Learn about revocation of paternity and the "Mistake of Fact" defense.

  • What is Revocation of Paternity? A legal process to remove a mistakenly established father from a child's birth certificate.
  • Mistake of Fact: Applies when the father believed he was the biological father due to an error.
  • Time Limits: Generally, revocation must be filed within 1 year of signing the Affidavit of Parentage or 3 years of the child's birth (whichever is later). Exceptions exist for specific situations.

Kalin v. Fleming Case:

  • A mother and presumed father signed an Affidavit of Parentage (AOP).
  • The mother later admitted the father wasn't biological but didn't inform him.
  • The father sought custody and parenting time after separation.
  • The mother requested to revoke paternity due to the father's mistake.
  • The court ruled against revocation because the mother knew the truth before the filing deadline.


Unmarried Parents in Michigan:

  • Consult an attorney if paternity is uncertain or needs establishment.
  • An Affidavit of Parentage alone may not guarantee parental rights.


Contact Ashley Legal PLLC Today:

Our experienced attorneys can help with paternity issues in Michigan.

Contact Now

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