Michigan Paternity – Frequently Asked Questions

I believe that I am the father of the child. What should I do?

Paternity suits are usually brought by four different parties: the child’s mother, the child, the Family Independence Agency or the child’s reputed father. The Family Independence Agency gets involved if the child’s mother receives state assistance. If the child’s reputed father seeks paternity, he will not have standing in court to determine paternity of a child born while the mother was married to another man, unless the husband of the mother revokes paternity (See question on revoking paternity).

A paternity suit can be brought at any time before the child’s 18th birthday, or during pregnancy. Michigan requires that paternity is established by a preponderance of the evidence. Evidence that is generally held admissible in a paternity action includes:

  1. Exhibition of the child to show resemblance to the defendant;
  2. Statements regarding paternity by the parties, friends, and relatives;
  3. Admissions or acknowledgement of paternity by the defendant;
  4. Medical testimony regarding the defendant’s sterility or the probability of paternity based on the time elapsed between sexual relations and birth of the child; and
  5. Blood or genetic tests, which parties may be required to take.

In Michigan, the court may order that the reputed father submit to a blood or genetic testing. If the reputed father refuses to submit to testing, the court can enter a default judgement against him. Paternity will be established if the tests results shows the probability of paternity is 99% or higher. If blood or genetic testing establishes that the reputed father is not the father of the child, the case will be dismissed.

Under the Genetic Parentage Act, a government agency can institute an action against the reputed father on behalf of a child born out of wedlock who receives public assistance. If a government agency finds that the reputed father is 99% or more likely to be the father, the court will automatically enter an order of paternity. When the order is entered, the mother is granted initial custody of the child, until otherwise determined by the court.

I would like to revoke my rights has a father to the child. What should I do?

 Under Michigan’s Revocation of Paternity Act, a court can set aside a determination that a man is the father of a child. This is true when paternity is established by:

  1. Execution of an acknowledgement of parentage (acknowledged father);
  2. The actions of a man who could have fathered the child (alleged father);
  3. Court order (affiliated father)
  4. Presumption arising from marriage to the child’s mother at the time of the child’s conception or birth (presumed father).

The father, mother or the prosecuting attorney can file a revocation of paternity suit. The party that is filing the suit has the burden to prove by clear and convincing evidence that the man is not the father of the child. The action must be filed within three years of the child’s birth, or within one year of the acknowledgement of parentage or the court order establishing paternity, whichever is later. The court may extend the time in which to file for revocation of paternity upon a showing of mistake of fact, newly discovered evidence that by due diligence could not have been found before the acknowledgement was signed, fraud, misrepresentation or duress.

If the court revokes a prior paternity determination, it also has the power to make a decision on paternity and enter an order of filiation establishing paternity with the man who is the actual father. If it is found through a paternity proceeding that the reputed father of the child is not actually the father, that man can be relieved of his obligation to pay child support.

Lastly, if it is in the best interest of the child to uphold a paternity determination, the court may refuse to set it aside. The court looks at several factors when refusing to set aside paternity for the best interest of the child:

  1. Whether the father is stopped from denying parentage because of his conduct
  2. The length of time the father was on notice that he might not be the child’s father
  3. The fact surrounding the father’s discovery that he might not be the child’s father
  4. The nature of the relationship between the child and the father
  5. The age of the child
  6. The harm that may result to the child
  7. Other factors that may affect the equities arising from the disruption of the father child relationship
  8. Any other factors the court determines appropriate to consider