Lawyer For Unmarried Parents In Establishing Paternity And Related Custody Matters
There are a variety of issues people can encounter in the realm of paternity. When two people are not married and expecting a baby, paternity needs to be established in order to determine other matters like legal and physical custody, parenting time and child support. However, this is often a complicated process that requires a careful legal hand. Our attorney, Sherri Bono, can assist with these matters. Her skill and experience in family law can help simplify paternity issues.
Our firm, Bono Legal Group, PLLC, in Bloomfield Hills, Michigan, is here to help parents streamline the paternity processes so they can focus more on their children and provide for them.
How Is Paternity Determined In Michigan?
In Michigan, the spouse of the woman who gives birth is automatically given paternity of the child in question. But if the couple is not married, this process becomes more complicated. In Michigan, there are a few different ways people can establish paternity. The next most straightforward is if the father in question signs an Affidavit of Parentage form. In these instances, both parents voluntarily sign and file these forms affirming that they are the parents of the child in question.
This process can become more complicated if there are questions or challenges to the child’s paternity. The simplest way to prove paternity, if there is a conflict, is by undergoing paternity testing, also known as a DNA test. Men may perform this test voluntarily, but it is not always this easy. If a man refuses, the court may compel him to submit to the test, meaning a paternity case needs to be filed by a plaintiff.
If this situation arises, it’s important to have a legal advocate on your side like a family lawyer. A paternity case is essential as it can help down the road in decisions involving custody, visitation and child support. Ms. Bono can assist in this process, by ensuring all documents are filed properly, tests are carried out in a timely manner and the outcome of the test is handled in a fair manner.
What Rights And Responsibilities Follow Paternity Establishment?
Establishing paternity creates both legal rights and obligations for fathers that significantly impact their relationships with their children. Once paternity is legally recognized, fathers gain important parental rights that unmarried fathers do not automatically possess.
Fathers obtain the right to participate in major decisions affecting their children’s lives, including educational choices, medical treatment decisions and religious upbringing. They also gain the right to request parenting time arrangements that allow them to maintain meaningful relationships with their children through regular visitation schedules.
However, paternity establishment also creates legal responsibilities that fathers must fulfill. The most significant obligation involves paying child support to help cover children’s living expenses, health care costs and educational needs. Michigan courts calculate child support based on parental incomes and custody arrangements, and these obligations continue until children reach adulthood.
Fathers also assume responsibility for providing health insurance coverage when available through their employers and contributing to extraordinary medical expenses not covered by insurance. These financial obligations exist regardless of whether fathers maintain relationships with the children’s mothers or exercise their parenting time rights.
Frequently Asked Questions About Paternity In Michigan
Paternity issues in Michigan often raise important questions for unmarried parents navigating legal parentage matters.
If I am not the biological father but I signed the birth certificate, can I challenge paternity later?
Challenging paternity after signing an Affidavit of Parentage becomes difficult but remains possible under certain circumstances. Michigan law allows men to file motions to set aside paternity acknowledgments within three years of signing if they can prove fraud, duress or material mistake of fact. After three years pass, challenging paternity becomes significantly more difficult and may require showing that acknowledgment was obtained through fraud or that DNA testing proves you are not the biological father.
Courts consider the child’s best interests when evaluating these challenges, particularly if significant parent-child relationships have developed over time.
What happens if the mother is married to someone else when our child is born? Can I still establish paternity?
Michigan law presumes that a woman’s husband is the legal father of children born during the marriage. However, biological fathers can still establish paternity by filing court actions challenging this presumption. These cases often require DNA testing to prove biological parentage and may involve complex legal proceedings to overcome the marital presumption.
Acting quickly becomes important because delays can complicate legal proceedings and affect your ability to establish parental rights. An experienced family law attorney can guide you through these complicated proceedings effectively.
Learn More About This Process
If you’re facing a paternity issue, it’s important to speak with an attorney who can represent you. Ms. Bono can evaluate your situation and help you understand your options and how to move forward. Schedule an initial consultation to get more information. You can call 248-266-4627 or use the online contact form to set up an appointment with us. From our office in Bloomfield Hills, we help clients in Birmingham and throughout the entire metro Detroit area.