Paternity In Michigan
In Michigan the Plaintiff or person who filed the motion must provide the burden of proof. In Michigan the mother, father or Family Independence Agency can file a motion to establish legal paternity. This is done the family division of circuit court in the county where the child, mother or father resides. Legal paternity can be established from the time a mother is pregnant until the child reaches 18 years of age.
It is important to note that in Michigan a name appearing on a birth certificate does not automatically establish legal paternity. Often, DNA testing is used to establish paternity. DNA testing is done using a sample of the child, their biological mother and the potential father. this can be a tissue or blood sample. The samples are compared for matching genetic markers because a child inherits one half from their mother and the other from their father. In some cases a potential father can be directly excluded as the child’s biological father. However, if the potential father is a 99% match or greater legal paternity is established.
When legal paternity has been established an Order of Filiation is entered by the court. This order makes the father legally responsible for part of a child’s medical, birth, and cost of living expenses. These orders are enforced by Michigan’s Support and Parenting Time Enforcement Act.
A child born out of wedlock has the legal right o be supported by both parents. It is possible to establish legal paternity without acknowledgment of paternity from the alleged father. In cases such as these the mother and child or a person acting in the child’s best interest can come to an agreement with the alleged father regarding the child’s financial support and custody. The court must then confirm that this agreement provides said child with reasonable support.