How is legal paternity established?
• If the mother is married when the baby is born, her husband is considered by law to be the father, unless a court says otherwise. • If the mother has been divorced or widowed for less than ten months, her husband at the time of conception is considered by law to be the father. • If the mother is married at the time of conception or birth, but her husband is not the biological father of the child, a voluntary Affidavit of Parentage is not allowed unless a court has already determined that the husband is not the biological father. • If the mother is not married at the time of conception or birth, paternity can be established by (i) both parents signing a voluntary Affidavit of Parentage that is filed with the Michigan Department of Community Health’s Office of the State Registrar, or (ii) a judge can declare that a man is the legal father after a hearing or default. How can the father voluntarily acknowledge paternity? Both parents must sign papers acknowledging paternity. The Affidavi
• If the mother is married when the child is born, her husband is considered by law to be the father unless a court determines otherwise. • If the mother has been divorced or widowed for less than 10 months, her husband at the time of conception is considered by law to be the father. • If the mother is married at the time of birth or was married at the time of conception, but her husband contends he is not the natural father of the child, paternity will need to be established in court. The court will require a blood test in order to make the determination. • If the mother is not married at the time of the birth of the child, and was not married at the time of conception, paternity can be established in three ways: • Paternity Affidavit: You may complete a paternity affidavit provided by the State Department of Health within 72 hours (3 days) of the birth of your child. This must be signed by both the mother and the father. This form will be made available to you in the hospital at the
If the mother is married at the time of conception or when the baby is born, her husband is considered by law to be the father, unless a court says otherwise. If the mother is married at the time of conception or birth, but her husband is not the biological father of the child, the biological father cannot be considered the legal father unless a court has determined that the husband is not the biological father. If the mother is not married at the time of conception or birth, or if a court has determined that her husband is not the biological father of the child, paternity can be established by (1) both parents signing a voluntary “Affidavit of Parentage” which is filed with the Michigan Department of Community Health’s Office of the State Registrar, or (2) a judge can declare that a man is the legal father after a court case has been started. How can the biological father voluntarily acknowledge paternity? Both parents must sign papers acknowledging paternity. The “Affidavit of Parent
• If the mother is married when the baby is born, her husband is considered by law to be the father, unless a court says otherwise. • If the mother has been divorced or widowed for less than ten months, her husband at the time of conception is considered by law to be the father. • If the mother is married at the time of conception or birth, but her husband is not the biological father of the child, a voluntary Affidavit of Parentage is not allowed unless a court has already determined that the husband is not the biological father. • If the mother is not married at the time of conception or birth, paternity can be established by (i) both parents signing a voluntary Affidavit of Parentage that is filed with the Michigan Department of Community Health’s Office of the State Registrar, or (ii) a judge can declare that a man is the legal father after a hearing or default. How do I start a paternity case? New In many cases, when the custodial parent or a child’s legal guardian receives state
• If the mother is married or widowed at the time of birth, her husband is considered by law to be the father unless: • A court has issued an order establishing that a person, other than the mother’s husband, is the father, or • The mother and alleged father, other than the mother’s husband, have signed a Voluntary Acknowledgement of Paternity. • If the mother is not married at the time of conception or birth, paternity can be established in two ways: • Both parents can sign a Voluntary Acknowledgment of Paternity which is filed with the Bureau of Health Planning & Statistics, Office of Vital Records. • A judge can declare a man the legal father of a child after a court hearing or by a default order.
