What to Expect When Filing a Paternity Case

When an unmarried couple has a child in Michigan, only the mother has primary custody and visitation rights. The father’s rights and obligations are not legally recognized until paternity has been established in court.

Filing a paternity case is necessary before a mother can file for child support payments or a father can file for parenting time. Here’s what to expect when you file for paternity in Michigan.

Establishing Paternity

Unmarried parents can take a few different paths when they want to establish paternity. They can work together, but if one parent will not cooperate, it becomes necessary to use the court system.

Voluntarily Establishing Paternity

Parents in Michigan can voluntarily establish paternity. This is often done at the hospital when a child is born. The father’s name cannot be entered onto the birth certificate unless paternity has first been established.

Both parents simply need to sign the Affidavit of Parentage form in front of a notary. If this wasn’t done at the hospital, the form is available at the County Registrar’s office, the local Department of Health and Human Services, or online.

Involuntarily Establishing Paternity

If one parent is unwilling to acknowledge paternity, it becomes a matter for the court. Either parent can file a paternity case.

Taking Paternity to Court

One parent will need to visit the local circuit court and file a complaint to establish paternity.

If the father denies or questions paternity, he will be required to undergo DNA testing to establish that he is the father. If the DNA test is conclusive, the court will issue an order of paternity.

Why Establish Paternity?

Usually, a parent wants to establish paternity for a reason. Paternity can bring benefits to the child and both parents.

Benefits for the Mother

For a mother, establishing paternity is a prerequisite for holding a father responsible for the care and upkeep of the child.

Before a father can be made to contribute child support and other aid, paternity must first be established. In Michigan, the father has three financial responsibilities to a child:

• Base child support amount
• Medical support and healthcare coverage
• Contribution to childcare expenses

A father in Michigan has these financial obligations whether he chooses to be involved in the child’s life or not. Once paternity is established, the mother can then seek child support.

Established paternity can also result in other financial benefits for the child, like inheritance rights and veterans’ benefits.

Benefits for the Father

Frequently, a father wants to establish paternity to increase his involvement in the child’s life. In Michigan, an unmarried father has no right to custody or visitation until paternity is established.

Once this occurs, a father can then proceed with filing for shared custody or parenting time. This can result in a court order determining how much time he will be able to spend with the child.

The Gucciardo Law Firm, PLLC, Helps Families

If you’re filing a paternity case, the compassionate family law attorneys at the Gucciardo Law Firm, PLLC, can help.

Our experienced attorneys will help you navigate the family law courts and fight for what you believe is best for your family.

Contact Gucciardo Family Law today to schedule a free new client consultation.