Oakland and Macomb Paternity Issues Lawyers
Michigan attorneys help resolve fathers’ legal rights and obligations
A paternity proceeding may be needed to determine whether a man can obtain enforceable rights to legal custody and parenting time and if a court can order him to pay child support. At Dawson Family Law, PLLC in Troy, Michigan, we represent single mothers and putative fathers in settling foundational issues for legal rights and responsibilities.
The legal necessity for a paternity determination under Michigan law
A formal paternity determination is essential for protecting parental rights and a child’s financial well-being. Without paternity being established, a biological father has no enforceable rights to legal custody or parenting time. Likewise, courts cannot issue a child support order against him.
Once paternity is determined, court proceedings can be brought to decide custody, parenting and child support matters. Establishing paternity also enables a child to receive benefits, such as inheritance rights, health insurance coverage and Social Security or veterans’ benefits tied to a legal parent.
Ways to establish paternity in Michigan
When a child is born during marriage, Michigan law presumes the husband is the father. The husband or the wife can challenge that presumption and ask the court to declare the child “born out of wedlock.”
When a child is born out of wedlock, there are two ways to establish paternity. One is for both parents to voluntarily sign an Affidavit of Parentage at the hospital when the child is born. The other is for a parent or the state to initiate a paternity action in court. In such a case, the court can order genetic testing to determine biological parentage.
Who can bring a paternity action?
The child’s mother, the putative father or the child may file a paternity case. The Michigan Department of Health and Human Services can initiate a paternity case when identifying the child’s legal father is necessary for reimbursement for public assistance or for child support enforcement.
These lawsuits are typically filed in the Family Division of the Circuit Court serving Troy and Oakland County. The court can order temporary support and other necessary relief while the case is pending.
How to dispute paternity in Michigan
A man who believes he has been incorrectly identified as a child’s legal father, either honestly or fraudulently, can dispute paternity by requesting genetic testing through the court.
Michigan law places strict time limits on challenging an Affidavit of Parentage or a presumed father designation. Missing these deadlines can permanently bar a challenge, even if genetic evidence later suggests the man is not the biological father. For this reason, men who doubt their relationship to a child should consult a family law attorney to take prompt legal action.
How an Oakland and Macomb family law attorney can help
Paternity cases are subject to standards and strict procedural rules. Our family law attorneys guide clients through each stage of the process, from filing the initial petition to obtaining final court orders. We ensure proper service of documents. We request or challenge genetic testing and present evidence that supports a client’s parental rights or defense. We also assist with negotiating custody, parenting time and child support arrangements that reflect the child’s needs and protect a parent’s interests.
Whether you are seeking to establish paternity, enforce your rights as a parent or contest an incorrect legal determination, an experienced attorney can help you pursue a legally sound outcome.
Contact our dedicated attorneys to schedule a free paternity consultation
Dawson Family Law, PLLC in Troy, Michigan assists clients in Oakland and Macomb and vicinity with paternity matters. Please call 586-514-0084 or contact us online to schedule a free initial consultation.
