Family law and divorce law in Michigan uphold some unique tenets on the matter of paternity and fathers’ rights to their children. Understanding the laws is of utmost importance in the case of both biological children and non-biological children, as well as for children born either within or outside of marriage. Establishing the paternity of a child also can both protect a man’s freedom from responsibility for a child whom he did not conceive, or conversely can protect his rights to a parental relationship with a child he did not conceive.
Usually if a man wishes to secure the rights of a father to a child who is born out of wedlock, he must take action upon the birth of the child to lay the groundwork. He should have his name inscribed on the baby’s birth certificate as the father, if it is possible to do so, sign an acknowledgement of paternity with the Friend of the Court, file an action with the family court to establish paternity, or adopt the child if he is not the biological father. For men who are involved as father-figures with non-biological children (for example, with a child born to a girlfriend and conceived with a different man), it’s crucial to legally establish the relationship in order to protect the right to continue a relationship with the child in the future, even if the mother and the man don’t stay together.
Equally, if a man is being pursued for paternity and financial support for a child born out of wedlock which he did not conceive and with whom he does not have nor desire a relationship, a very fast and painless swab taken from inside the mouth can provide the DNA to defeat such a claim.
For children conceived or born during a marriage, or even within months after a divorce, but who were not conceived by the husband, Michigan family law weighs in heavily on the side of holding that the husband is the recognized and responsible father. Clearly, how this situation gets legally interpreted and enforced can have life-altering consequences for the husband whose wife conceives outside the marriage or for the man who conceives a child with a woman who is or recently was married to another man.
The “equitable parent” doctrine of state law holds that a husband who isn’t the biological father may be considered the father for all legal and parental purposes if the husband and child mutually acknowledge a father-child relationship or if the mother has helped develop such a relationship. The husband can choose to have the same rights to that child as if he were the biological parent and could prevent the biological father from gaining those rights.
On the other hand, a husband with a non-biological child conceived or born during his marriage can be prevented from denying the paternity and all responsibilities for that child by the “equitable estoppel” doctrine of Michigan family law. Thus a husband could end up having to take parental rights over a child who is not his and whose entry into this world was none of his choosing.
Generally speaking, Michigan paternity law has evolved with the priority of protecting the best interests of children. It is complex and multi-faceted, however, and for those facing paternity issues, the assistance and case-specific advice of experienced and savvy family law attorneys like those at Sterling Law Office is of paramount importance. While litigating matters of paternity does cost money, considering what clients potentially could stand to lose or to gain, it is one of the wisest investments that can be made.
Posted by Mary Wreford; Approved by Lea Ann Sterling, Esq., June 3, 2008
The information presented in this article is for general information only and should not be construed to be legal advice.