Paternity issues are a common problem in Michigan family law cases. A mother who does not want a child’s biological father in her life may fight back when the father tries to claim paternity. Similarly, paternity can become a thorny issue in divorce cases, as a child’s legal father has certain rights and responsibilities such as child support if paternity is established.
If you’re a father seeking to establish paternity for your child in Michigan, hiring a lawyer can help you understand and potentially speed up the process. The Traverse City paternity lawyers at Alward Fisher have more than 100 years of combined legal experience helping people navigate family law disputes in Northern Michigan.
We’re well-respected by our clients and peers, as demonstrated by our AV Preeminent Rating from Martindale-Hubbell. Contact our office today to speak to a paternity lawyer in Traverse City, MI.
How to Establish Paternity in Traverse City, Michigan
If the parents are married to each other when the mother becomes pregnant or when the child is born, the husband will be considered the legal father. If the parents are not married during the conception or birth of the child, they must legally establish the father’s paternity.
There are generally two ways a father can be the biological parent under Michigan law. The first way is known as voluntarily establishing paternity, while the alternative is involuntarily establishing paternity. You can read more about each method below:
- Voluntarily establishing paternity – The more common way to establish paternity under Michigan law is the voluntary approach. In this case, the child’s mother and biological father simply need to sign a document known as an Affidavit of Parentage in the presence of a notary. This usually happens at the hospital after the child is born. If you sign the affidavit at the hospital, there’s no charge. A child’s father can sign an Affidavit of Parentage at any time after the child is born, but there’s a fee to change the birth certificate or add the father’s name if you do not sign the form in the hospital. Once the Affidavit of Parentage is signed, it can be filed with the Central Paternity Registry under the Michigan Department of Health and Human Services. At this point, the father has legally established paternity.
- Involuntarily establishing paternity – There are some instances where a child’s biological father is not established through an Affidavit of Parentage. For example, the child’s mother may not want the father involved in her life, or the father may insist the child is not his. In cases like these, paternity can be established involuntarily through the court system. The child’s mother or father must file a petition with the courts in the county where the mother or child lives. Once the petition is submitted, the courts can order a DNA test to determine who the child’s biological father is. Once the biological father has been determined, the courts will issue an “order of filiation,” making them the child’s legal parent.
What Happens After Establishing Paternity
Once someone has established paternity in accordance with state law, they have the same rights as any other parent. This includes the right to seek sole or joint custody of the child if the father does not currently have custody. Establishing paternity also gives the father the right to seek visitation time with their child, provided the courts approve.
Establishing paternity also comes with certain responsibilities. A child’s legal father must support the child financially and make sure their other needs are met. If the father has not been providing child support payments and paternity has been established, the mother can file a motion seeking child support from the father.
Being legally named a legal parent is a major step, and it’s important to understand what’s involved if you’re involved in a paternity case in Michigan. A paternity attorney in Michigan can help you understand what’s at stake if you are considered the biological parent under Michigan law, as well as the potential benefits and costs.
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Benefits of Establishing Paternity in Michigan
If you have not been recognized as a child’s legal father, establishing paternity can be helpful in many ways. The potential benefits of being the legal parent of your child include:
- Seeking custody of your child – If you’ve been excluded from your child’s life, establishing paternity gives you the right to seek sole or joint custody of your child. You’ll have to go to court to seek custody of your child, and there’s no guarantee you’ll get what you want. Without establishing paternity, your options for seeking custody are much more limited though.
- Seeking visitation of your child – Depending on your situation, you may wish to spend time with your child while letting their mother retain sole custody. You can file a petition with the courts seeking visitation rights by establishing paternity. Without establishing paternity, you’ll have no legal ground for securing visitation rights.
- Conferring certain benefits – Life insurance benefits, government assistance programs, medical insurance, an inheritance from an estate, Social Security payments, and other benefits can usually only be shared by a parent with their legally recognized children. Establishing paternity means you can share these benefits with your children.
- Seeking child support – For mothers, establishing paternity means they can go to court and ask for child support from the child’s father. If the father has been neglecting their legal responsibilities, this gives the mother a chance to claim additional financial resources to raise her child better.
Parenting Rights Under Michigan Law
Under Michigan law, both parents have the right to seek custody of their child if paternity has been established. There are two different types of custody: legal custody, which refers to the right to decide how the child is raised; and physical custody, which refers to who the child will live with. In addition, the courts will also establish parenting time, meaning the visitation rights of each parent when they don’t have physical custody.
The courts prefer both parents to share custody of young children, but they can award sole legal or physical custody if it’s in the child’s best interests. Typically, parents who share legal custody will split physical custody, though the split may not necessarily be exactly even. A judge must consider many factors when making decisions regarding custody and parenting time, including:
- The child’s age
- Whether the child has any special needs
- If there’s any history of abuse or neglect by either parent
- The child’s prior relationship with each parent
- The ability of each parent to provide for the child
- The child’s preference, in certain circumstances
If you wish to seek custody or parenting time with your child after establishing paternity, an attorney can help you file a petition with the courts and assist you with making your case.
Talk to Our Experienced Paternity Lawyers in Traverse City, MI, Today
Paternity issues can be extremely challenging, and it’s important to know the potential consequences of your actions before establishing paternity. Whether you’re a father seeking to reconnect with your child or a mother trying to get the child’s father to own up to their responsibilities, you’ll want help from an experienced paternity lawyer. Contact Alward Fisher today to speak with a Traverse City paternity attorney.
