Paternity

Michigan Paternity Attorneys:

Questions about paternity can quickly become contentious. Arguments break out. Becoming caught up in “he said/she said” disagreements can result in losing focus of the main concern at hand, the well-being of the child or children involved. As Attorneys, we recognize the seriousness of paternity cases. Families can be established or ripped apart based on the outcome of these sensitive matters.

We represent both men and women with concerns over the paternity of a child, if you are looking for a skilled and knowledgeable advocate call us at (248) 398-7100 for a free consultation or contact us with a private message.

Q: What is Paternity?

It is a determination as to who the biological Father of a child is.

Q: How is Paternity Established?

• If the Mother of a child is married when the baby is born, her Husband is presumed to be the Father, unless a Court order or Judgment says otherwise.

• If the Mother has been divorced or widowed for less than ten months, her Husband at the time of conception is presumed to be the Father, unless a Court order or Judgment says otherwise.

• If the Mother is not married at the time of conception or birth, paternity can be established by both Parents signing a voluntary Affidavit of Parentage and filing it with the Michigan Department of Community Health’s Office of the State Registrar.  The birth certificate is legally insignificant in this regard.

• Paternity can also be established by filing a lawsuit with the Court.

• Either the Mother or the father may file a Court action to establish paternity.
• If the child is receiving public assistance, the Michigan Family Independence Agency, via the County prosecutor’s Office, will file to establish paternity on behalf of the Mother.
• Once the Court is involved, it may order DNA tests to establish paternity; however an alleged Father can admit paternity and be established as a child’s legal Father without a paternity test.

Q: When can a Paternity Action be filed in the Court?

An action under the Michigan Paternity Act may be commenced during the pregnancy of the child’s Mother or at any time before the child reaches 18 years of age.

Hiring Garmo & Kiste, PLC in Paternity Disputes concerning Fathers:

If you do not believe you are the biological Father of a child but find yourself subject to a paternity action, we can help you protect your rights. We can represent you in Court and help you obtain any DNA testing the Court orders to confirm or deny that you are a child’s Father.

Likewise, if you believe you are the biological Father of a child but have not been permitted to be a part of the Child’s life, we can begin a legitimization action in efforts of protecting your rights as a Father. If you would like to obtain custodial rights and/or parenting time with your Child, we can help you do this, call us at (248) 398-7100 for a free consultation or contact us with a private message.

Hiring Garmo & Kiste, PLC to Represent Mothers in Paternity Actions:

As a paternity lawyer, we can also help Mothers bring a legal action to determine parentage, including assistance with securing any DNA testing ordered by the Court. After a man has been legally determined to be the Father of a child, we can help you set up child support and negotiate on your behalf if the Father seeks child custody or visitation rights, call us at (248) 398-7100 for a free consultation or contact us with a private message.

Q: Why should you have Paternity Established by the Court?

Even if there is a Michigan Affidavit of Parentage filed with the State of Michigan, the biological Father has no official right to custody or parenting time, nor is he obligated to pay child support.

In Michigan, the Acknowledgment of Parentage Act provides that after a Mother and Father sign an acknowledgment of parentage, the Mother is presumed to have custody of the minor child unless otherwise determined by the Court or otherwise agreed upon by the parties in writing.  Only after the Court enters a Judgment or an order regarding Paternity (called a Judgment or Order of Filiation), does the Father have official rights to custody and parenting time.

Hire a dedicated advocate call us at (248) 398-7100 for a free consultation or contact us with a private message.