PATERNITY

In Michigan, and outside the divorce setting, most paternity actions are brought pursuant to the Paternity Act. The purpose of paternity determinations is to provide a child born outside of marriage the same legal rights as a child born to married parents. Children with legal fathers are entitled to benefits through their fathers, including, but not limited to Social Security benefits, veteran’s benefits, and inheritance rights.

Paternity can be established in the following ways:

1. Parents can sign an Affidavit of Parentage. This written and signed affidavit provides a child born out of wedlock the same status as a legitimate child. This procedure is codified in the Acknowledgment of Parentage Act. In addition, a father may file a notice of intent to claim paternity before the birth of a child believed to be his.

2. The mother and the alleged father can ask the court to determine the legal father of the child. The prosecuting attorney’s office in each county is responsible for filing and prosecuting actions to establish paternity.

Obviously there will be instances where there is uncertainty as to whether an individual is actually the father of a child and proof will be needed. In that case, either party may request genetic testing. This testing, using blood or tissue typing or a DNA profile determination will establish whether a man is not the biological father of the child, or has a greater than 99% likelihood that he is the father of the child. In this case paternity is presumed

Once paternity is established, an order for child support can be established. Please contact the Law Office of Neil A. Davis for an initial consultation regarding any paternity questions you may have.