Paternity
Michigan Paternity Law FAQs
When unmarried domestic partners split up and need to sort out their rights and obligations, under Michigan paternity and custody law, one parent must file a Complaint for Paternity, Custody and Support. This is a legal action in a Michigan Family Circuit Court which ultimately determines parenthood rights, child support, and the future rights and privileges of each parent, i.e. a parenting plan, custody, support, visitation, and time-sharing arrangements.
DNA Testing and Parenting Plans
Any man who is said to be the father of a child is entitled under Michigan paternity law to have a DNA blood (or saliva) test to prove or disprove fatherhood. Child custody and child support can then be awarded to either the father or the mother, depending on the circumstances, the parenting capabilities of the parties, and the parenting patterns established at the time the matter is brought to court.
If paternity is challenged by the father, temporary child support may nonetheless be awarded while it is determined whether the alleged father is the actual father. If the DNA test is negative, the child support already paid may be returned to the paying party.
Child Support
Please call us to learn about the general rules involved in determining child support as they apply in paternity cases.
Child Custody
Please call to learn about the general rules regarding custody and visitation, the development of parenting plans, and mediation.
Birth Certificates and Name Changes
In a paternity case, the parties can also request a name change for the child or an amendment to the birth certificate to reflect the true parentage of the child.
What If The Other Party Is Lying?
A party can lie, and many do, even under oath. Such lies amount to “perjury”, a crime. Will they be punished? Rarely. Do we endeavor to use their lies against them? Always.
How Long Will It Take?
A DNA test can be ordered by a court in a few weeks after a complaint is filed and the results are available about two weeks after that. Custody disputes in Michigan can be resolved in as little as a few phone calls from one of our family lawyers depending on the willingness of the parties to cooperate and work constructively together.
Why hire a lawyer?
Parenthood is a singular right and obligation. Without a skilled, aggressive, and knowledgeable Michigan family lawyer, a parent is running the risk of many grave injustices including over or underpayment of support, inappropriate custody arrangements, unworkable visitation and time-sharing plans, and other serious problems affecting their rights, their children’s rights, their finances, and their future.