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Email Us NowHelping Clients Establish Paternity in Child Custody Cases
The legal action of determining who fathered a child in an unmarried couple is called establishing paternity. If you are already married to someone and a child is born during that marriage, the father is presumed to be the husband. However, there may be cause to challenge paternity in divorce cases or if there is suspicion of adultery. Whatever the cause for the paternity action, it is highly recommended that interested parties retain professional legal representation to defend their rights and responsibilities.
In Michigan, paternity can be established in several different ways. Our legal team is well-versed in all of these methods, and we can lend legal assistance accordingly. To learn more, please get in touch with our law firm to schedule your initial consultation today.
Why is it Crucial to Determine Paternity in Michigan?
For men looking to prove their legal status as fathers, establishing paternity can be the way to dismiss claims against their legal rights, allowing them to maintain the emotional and legal rights of fatherhood. These rights may include their right to child custody and or visitation. Without protecting these rights, a father may not be able to live with their child, travel with them, or have any say over their important life decisions or other responsibilities.
Establishing paternity can also benefit the child. When the child has established parentage, that child can enjoy continued support from both parents in the form of financial child support obligations, Social Security, and more.
What Types of Paternity Issues Does Our Family Law Firm Represent?
Whether you are seeking joint or sole custody, you would benefit from the legal representation of an experienced attorney. Our highly skilled legal team is ready and able to represent interested clients in a variety of paternity and father’s rights cases.
These include:
- A paternity test.
- Adoption.
- Child support.
- Grandparent rights.
- Parental relocation disputes.
- Parenting schedule.
- Settlement modifications.
- Termination of rights.
- Visitation rights.
What if There is a Disagreement About the Legal Father of a Child?
When the mother and father do not agree on the parentage of the child, family law courts get involved. Normally, this occurs when the father does not sign the Affidavit of Parentage form. This paternity form voluntarily allows the parent to assume paternity of their child. However, sometimes it is the mother who refuses to sign this form. She may elect to refuse on the basis that she does not know the identity of the child’s father or because she does not want the presumed father to be involved in the child’s life and upbringing.
Mothers and fathers have the right to attend court hearings to determine the paternity of their children. One way to determine paternity is via a DNA test.
DNA testing will either show that the man is not the father or come back with a 99% probability of fatherhood. Family court determines who pays for the DNA test in a paternity order.
How is Paternity Determined if the Parents Were Unmarried?
In the state of Michigan, if the child is born to a married couple, then the husband is presumed to be the father of that child unless a court order exists stating otherwise. Unmarried parents have a variety of methods to establish paternity.
These include:
- Filing a petition in the court to determine paternity.
- Naming the father on the birth certificate.
- Signing an Affidavit of Parentage form.
How Can the Presumed Father Protect His Rights in Child Custody and Child Support Cases?
An experienced family law attorney can help fathers protect their rights by providing valuable legal guidance, representing them in and out of court, and providing assistance throughout the negotiations of child custody and support arrangements. While the child’s best interests must be the primary focus of all agreements, we will do everything within our legal power to help you come to a satisfactory conclusion to your case and reach terms that suit your goals.
There is no strict time limit for establishing paternity in Michigan. However, the sooner you address these legal matters, the better for all parties involved.
Can the Legal Rights of the Biological Father Be Terminated in MI?
Yes, a father’s rights could be terminated under certain circumstances.
If it can be proven that the father has abandoned, abused, or neglected his child, the father’s parental rights may be terminated. The father’s legal rights as a parent can also be terminated if he voluntarily relinquishes his rights during the adoption process.
What Right Does the Child’s Mother Have to Put Her Children Up for Adoption?
Can a mother put her child up for adoption without the father’s consent? The Michigan Adoption Code grants mothers the authority to give their children up for adoption without the father’s consent in certain circumstances. This can occur when reasonable efforts have been made to identify and locate the father, but the father either did not assist the mother during her pregnancy or has not made any arrangements to help in the child’s care. In such cases, a family law court could terminate the father’s parental rights, granting the mother the right to put her children up for adoption.
A father can potentially prevent an adoption if he establishes paternity and asserts his parental rights in a timely manner. It is essential to consult experienced paternity attorneys for legal assistance in these matters.
Contact Us to Schedule a Consultation with Experienced Paternity Lawyers Today
Bailey & Terranova, P.C., has extensive experience in family law practice areas, and we proudly provide our legal services with compassion and candor. As your attorneys, we will be dedicated to helping you with your paternity case, whether you are looking to prove you are the legal father with a DNA test or disprove the presumed father of a child and restrict or withdraw that individual’s visitation rights.
If you have any questions or concerns, please do not hesitate to get in touch with us to schedule an in-depth case evaluation. You may reach us at 517-236-7187.