Grand Rapids Paternity Attorneys

In Michigan, you will usually need to take additional steps to establish paternity in the following scenarios:

• You were unmarried when your child was born or conceived. When a child is born to parents who are not married, the biological father does not have his paternity presumed under Michigan law. For the father's paternity to be legally recognized, both parents must sign an Affidavit of Parentage. Otherwise, the matter must be adjudicated in court.
• Your child was conceived through assisted reproductive technology (ART). Michigan law may not automatically assign paternity in cases where a child is conceived through ART methods like in vitro fertilization, requiring legal intervention to clarify parental rights.
• There is a paternity dispute. Even if a child is born within a marriage, either parent can dispute paternity if there is a reason to believe the husband is not the biological father. These disputes necessitate legal processes, including DNA testing, to establish or disprove paternity.

Promptly taking steps to establish paternity in any of these scenarios is critical for numerous legal and emotional reasons. If the identity of your child’s biological father has not been automatically presumed under Michigan law, our Grand Rapids paternity attorneys can offer tailored advice and walk you through what to do next.

Why Establishing Paternity Is Important

Paternity is not just a symbolic designation. It has far-reaching legal implications for all parties involved.

Establishing paternity affects:

• Child support and custody. Establishing paternity is a prerequisite for a father to be held responsible for child support. Similarly, a father must establish paternity to pursue custody or visitation rights. 
• Healthcare and insurance benefits. A child’s eligibility for healthcare benefits, including insurance policies and family medical records, often depends on paternity. Legal paternity ensures that a child can access benefits under either parent's insurance plan, providing essential healthcare coverage.
• Legal and inheritance rights. Establishing paternity is crucial for a child’s legal right to inherit assets from their father. Without formal recognition of paternity, children might be excluded from succession rights, affecting their entitlement to inheritances and benefits like Social Security or veterans' benefits.
• Identity and genetic history. Knowing one’s biological father contributes significantly to an individual's understanding of their identity and family history. Establishing paternity can provide essential information about genetic health risks, which can in turn inform healthcare decisions.
• Parental rights. Without established paternity, the father will not necessarily get a say in medical and educational decisions involving their child. 

How Do I Establish Paternity in Michigan Voluntarily?

In Michigan, voluntarily establishing paternity is a fairly simple process designed to ensure that children born to unmarried parents have the same legal rights and benefits as those born to married couples. This process involves both parents completing and signing an Affidavit of Parentage. This document is a legal form in which the child's mother and the man claiming to be the father acknowledge paternity of the child. By signing this affidavit, both parties declare under oath their belief that the man is the child’s biological father, thereby establishing paternity without the need for a court order.

The Affidavit of Parentage can be completed at the hospital or birthing center shortly after the child's birth. However, if it is not done at that time, parents can complete this process at a later date by obtaining the form from the Michigan Department of Health and Human Services (MDHHS) or the local county clerk’s office. Once the affidavit is filled out and signed by both parents, it must be notarized and filed with the central paternity registry managed by the MDHHS. Filing this document is free of charge and creates a legal bond between the father and the child, granting the father legal rights and responsibilities, including but not limited to child support obligations and custody or visitation rights.

It is important for both parents to understand that signing the Affidavit of Parentage is a significant legal action with lasting repercussions. Once signed, the affidavit grants paternity rights and places responsibilities on the father that are difficult to contest or undo. For this reason, both parents should consider seeking legal counsel before proceeding with this process to ensure they fully understand the implications of voluntarily establishing paternity through this method, especially if there is any ambiguity concerning the identity of the biological father of the child.

MI Family Law Center is well-equipped to provide guidance and support if you are considering this important step. Our Grand Rapids paternity lawyers will make every effort to ensure your rights and the best interests of your child are upheld throughout the process.