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Wednesday, 18 February 2009 03:33 |
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 According to Michigan Law, paternity can be established either under the Paternity Act (MCLA 722.711) or the Child Custody Act. Under these acts, a person may sign an affidavit of parentage that, if signed, gives a child born out of wedlock the same status as a legitimate child. In other words, an acknowledgment of parentage is a voluntary process where a father recognizes that he is the biological father. However, this does not establish a court-recognized paternity but will often suffice for establishing custody without due process.
If a father refuses to voluntarily acknowledge their parentage, then one may file a Michigan paternity suit. In such a suit, the mother has the burden of proof by a preponderance of evidence. The questions posed to the court is whether or not the putative father is the father to the child. Talking with your Michigan Family Law attorney, the will advise you that in a Michigan Paternity Suit, the following should be established: - Time and place of when the mother became pregnant
- Time and place of birth
- That no marriage has taken place but a relationship existed
- That the defendant is the biological father.
As your Michigan Paternity Attorney will tell you, the most common ways of establishing the last point are: - Filing a document with the court establishing that one is the father
- Signing an acknowledgement form
- Submitting to a genetic test
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Last Updated ( Wednesday, 18 February 2009 03:40 )
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