To often, Father's think that signing an Affidavit of Parentage form is all that is needed to be a 'legal father' of a child, and that there is nothing further for him to do. Wrong!!!
Besides the issues of 'custody,' 'child support,' and 'visitation rights' that all Father's must deal with AFTER the Affidavit of Parentage form is signed, there is at least one more major issue:
If you are lucky, the Father and the Mother will co-sign an Affidavit of Parentage at the hospital, and the hospital staff will see that it is properly registered with the Central Paternity Registry (see below, for the address). Once the Affidavit is registered, the birth certificate will be issue with the Father and Mother's name on it.
Adding a Father to the Birth Certificate !
The problem occurs for many Fathers, when he is not available to sign the Affidavit at the hospital, and the Affidavit is filed . . . and the birth certificate is issued without 'any Father' listed, or 'another male' is listed as the Father.
Application to Correct a Certificate of Birth
A Father needs to understand that 'birth certificates' are not automatically changed when an Affidavit of Parentage is filed. The one exception is when the Affidavit is completed in the hospital soon after the birth of the child, AND BEFORE the birth has been reqistered.
Changes to a registered birth record can be requested based upon a propertly completed Affidavit, BUT the birth record correction must be requested on a separate Application to Correct a Certificate of Birth. These Applications to correct a birth certificate are available from the office of the county clerk, and from the Office of the State Registrar -ie:
Central Paternity Registry
Office of the State Registrar
Michigan Department of Community Health
P.O. Box 30195
3423 North M.L. King Blvd
Lansing, MI 48909
A birth certificate can be changed to reflect the father listed on this Affidavit of Parentage if no other man is recorded on the birth certificate as the child's father. Should a conflict exist, a court determination of paternity may become necessary.
Sunday, July 29, 2012
Thursday, July 26, 2012
IF you Fathered a Child With a Married Woman
Michigan law presumes that a husband is the biological father of his wife's children. Too frequently, a married woman gives birth to a child that is fathered by someone other than her husband. Until recently, the biological father had 'no standing' to seek paternity rights with his child. In other words, he had no right to go to court and obtain a court order dealing with custody or visitation/parenting time.
'The Revocation of Parentage Act'
SB 557, The Revocation of Parentage Act, dealing with paternity and revocation of parentage, signed by the governor on June 14, 2012, creates a new act, Public Act 159 of 2012, with immediate effect and may be read on the Legislature's website here ... http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0159.pdf
This act gives biological fathers the right [provided certain specific circumstances exist] to establish parentage when a child is conceived or born during a marriage, where the 'biological father' IS NOT the husband. Until this law, it was almost impossible for the biological father to get a court order saying that he was the legal & biological father of his child.
Why 'HURRY ?'
Because under normal circumstances, this new law allows paternity to be established IF it is done during the first three years of a child's birth or within 1 year after the date that the 'acknowledgment of parentage' was signed, whichever is later. However, there is a 'waiver' of these time requirements IF (this is extremely important...) an action is filed on or before 1 year after the effective date of this act - in other words, not later than June 12, 2013.
The 'take away' here is that if you fathered a child who was married at the time (not your wife) in the last 18 years AND you want to step forward and claim paternity of the child, you now have the ability to do so. BUT you need to take legal action prior to June 12, 2013. After June 12, 2013, the 'time requirements' of the new statute will strictly apply.
If you are in need of an attorney to help you establish, or dis-establish paternity, telephone Bob Guyot today at (231) 947-0808. See his website http://guyotlaw.com
Saturday, July 21, 2012
Paternity - How to Establish Paternity in Michigan
There are many ways to 'establish paternity' in the State of Michigan.
If the mother of a child is married when the baby is born, her husband is assumed to be the biological father, unless a court order or judgment (such as a 'divorce judgment') says otherwise.
If the mother has been divorced or widowed for less than ten months, her husband at the time of conception is assumed to be the father, unless a court order or judgment says otherwise.
Two Common Methods of Establishing Paternity
If the mother is not married from the time of conception, through birth, paternity can be established by both parents voluntarily signing an Affidavit of Parentage, pursuant to the Acknolwedgment of Paternity Statute, and filing that Affidavit with the Michigan Department of Community Health's Office of the State Registrar.
Paternity can also be established by filing an action with the Court under the Michign Paternity Statute. Either the mother or father may file a Court action to establish paternity. If the child is receiving public asistance, the Michigan Family Independence Agency, via the local county prosecutor's office will help the mother file pleadings with the Court to establish paternity. DNA tests are usually ordered by the Court to help determine paternity of the child.
If you are in need of an attorney to help you establish, or dis-establish paternity, telephone Bob Guyot today at (231) 947-0808. See his website http://guyotlaw.com
If the mother of a child is married when the baby is born, her husband is assumed to be the biological father, unless a court order or judgment (such as a 'divorce judgment') says otherwise.
If the mother has been divorced or widowed for less than ten months, her husband at the time of conception is assumed to be the father, unless a court order or judgment says otherwise.
Two Common Methods of Establishing Paternity
If the mother is not married from the time of conception, through birth, paternity can be established by both parents voluntarily signing an Affidavit of Parentage, pursuant to the Acknolwedgment of Paternity Statute, and filing that Affidavit with the Michigan Department of Community Health's Office of the State Registrar.
Paternity can also be established by filing an action with the Court under the Michign Paternity Statute. Either the mother or father may file a Court action to establish paternity. If the child is receiving public asistance, the Michigan Family Independence Agency, via the local county prosecutor's office will help the mother file pleadings with the Court to establish paternity. DNA tests are usually ordered by the Court to help determine paternity of the child.
If you are in need of an attorney to help you establish, or dis-establish paternity, telephone Bob Guyot today at (231) 947-0808. See his website http://guyotlaw.com
Thursday, July 19, 2012
WHY Establish Paternity ?
Even if the parents have an informal agreement with the child's mother or father relating to custody, the parenting plan, and child support, it is important to formalize the arrangment by filing a joint stipulation, and having it incorporated into a judical Court Order.
I frequently receive phone calls from father's who have had a long-term relationship with a woman, who recently decided to terminate the relationship and move back to her parents ... in another state. Panic has set in ... what can he do???
From a legal standpoint, the only recourse is for him to file a pleading with the local court asking the court to determine that HE is the biological father of the child -ie. establish 'paternity,' and various other issues such as legal & physical custody, visitation/parenting time, child support, etc.
If you are the father, you need a Court Order that clearly says that you are the biological father of your child. If you do not have a Court Order that establishes paternity, you do not have the ability to have physical or legal custody of your child, nor visitation with your child, nor insist on a 'parenting plan.' You have no legal basis to prevent the mother from leaving the state with the child.
If you are the mother, you need a Court Order to establish who the father is in order for you to seek child support.
Without first 'establishing paternity' of the child, neither parent can petition the Court to address issues involving their child.
If you are in need of an attorney to help you establish, or dis-establish paternity, telephone Bob Guyot today at (231) 947-0808. See his website http://guyotlaw.com
I frequently receive phone calls from father's who have had a long-term relationship with a woman, who recently decided to terminate the relationship and move back to her parents ... in another state. Panic has set in ... what can he do???
From a legal standpoint, the only recourse is for him to file a pleading with the local court asking the court to determine that HE is the biological father of the child -ie. establish 'paternity,' and various other issues such as legal & physical custody, visitation/parenting time, child support, etc.
If you are the father, you need a Court Order that clearly says that you are the biological father of your child. If you do not have a Court Order that establishes paternity, you do not have the ability to have physical or legal custody of your child, nor visitation with your child, nor insist on a 'parenting plan.' You have no legal basis to prevent the mother from leaving the state with the child.
If you are the mother, you need a Court Order to establish who the father is in order for you to seek child support.
Without first 'establishing paternity' of the child, neither parent can petition the Court to address issues involving their child.
If you are in need of an attorney to help you establish, or dis-establish paternity, telephone Bob Guyot today at (231) 947-0808. See his website http://guyotlaw.com
Monday, July 16, 2012
What is meant by the word "Paternity?"
'Paternity' is the process whereby a specific male individual is determined to be, or not be the biological father of a child. Depending on the specific circumstances, the biological father may, or may not be determined to be the legal father.
A 'paternity action' is a lawsuit involving a child born outside of marriage. In other words, the mother and father of the child are not married -ie. thus, you often see the phrase 'a child born out of wedlock.'
A 'paternity action' determines who the mother is, and who the father of a child is.
A 'paternity' determination is essential for protecting your rights, whether you are the putative father, or the mother. Establishing paternity brings certain rights, including the right to receiving child support, and rights to custody & visitation (called 'parenting time' in Michigan).
Similarly, for a male who is alleged to be the biological father of a chld, effectively refuting an allegation of paternity can save him from paying years of child support for someone else's child, or from visitation with a non-biological parent.
If you are in need of an attorney to help you establish, or dis-establish paternity, telephone Bob Guyot today at (231) 947-0808. See his website http://guyotlaw.com
A 'paternity action' is a lawsuit involving a child born outside of marriage. In other words, the mother and father of the child are not married -ie. thus, you often see the phrase 'a child born out of wedlock.'
A 'paternity action' determines who the mother is, and who the father of a child is.
A 'paternity' determination is essential for protecting your rights, whether you are the putative father, or the mother. Establishing paternity brings certain rights, including the right to receiving child support, and rights to custody & visitation (called 'parenting time' in Michigan).
Similarly, for a male who is alleged to be the biological father of a chld, effectively refuting an allegation of paternity can save him from paying years of child support for someone else's child, or from visitation with a non-biological parent.
If you are in need of an attorney to help you establish, or dis-establish paternity, telephone Bob Guyot today at (231) 947-0808. See his website http://guyotlaw.com
Friday, July 13, 2012
Pro Se Litigants in Michigan Family Law Cases
As an family law attorney with 30+ years of experience representing men and women going through divorce, and the many related areas of 'family law,' I've come to realize that (1) there are many people who either can't afford an attorney, or (2) simply, do not want to pay for an attorney. Many times people believe that their 'family law issues' are simple, and that they do not need the advice of an attorney.
At the very least, ALL people involved with the Family Law Court process [divorce, child custody, paternity, relocation, etc.] need the advice of an attorney.
That doesn't mean that you need to hire a full-time attorney, pay him/her a retainer fee, and have them enter an Appearance ... representing you until the issue is fully resolved.
It does mean that you should seek the advice of an attorney for:
(1) questions you have [assuming you don't 'know it all, already'],
(2) making certain you are on the right path / that you fully understand the Court process & procedures,
(3) learning the 'substantive' and 'procedural' aspects of the issues involved in your case,
(4) their review & advice regarding the pleadings involved in your case, and
(5) making certain that you fully understand the 'ramifications' of what you are doing, what you want to do, and what the Court/opposition is doing in your case.
Take Away Thought - Seek the advice of an attorney whenever you are involved with legal issues, especially if you are, or may be involved in litigation.
If you are in need of an attorney to help you establish, or dis-establish paternity, telephone Bob Guyot today at (231) 947-0808. See his website at http://guyotlaw.com
This is a mistake.
That doesn't mean that you need to hire a full-time attorney, pay him/her a retainer fee, and have them enter an Appearance ... representing you until the issue is fully resolved.
It does mean that you should seek the advice of an attorney for:
(1) questions you have [assuming you don't 'know it all, already'],
(2) making certain you are on the right path / that you fully understand the Court process & procedures,
(3) learning the 'substantive' and 'procedural' aspects of the issues involved in your case,
(4) their review & advice regarding the pleadings involved in your case, and
(5) making certain that you fully understand the 'ramifications' of what you are doing, what you want to do, and what the Court/opposition is doing in your case.
Take Away Thought - Seek the advice of an attorney whenever you are involved with legal issues, especially if you are, or may be involved in litigation.
If you are in need of an attorney to help you establish, or dis-establish paternity, telephone Bob Guyot today at (231) 947-0808. See his website at http://guyotlaw.com
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