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    





     




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