In this blog, we will be going over non marital children and paternity in Michigan. If you are going through a divorce and a non marital child is involved contact Goldman and Associates today to get the results you need.
Key Questions and Answers for Non-Marital Children
I am married, but my husband does not believe the child is his, does he still have to support this child?
If a woman is married, the court will presume that her children are the offspring of her husband so long as they were married within a certain time period of her pregnancy.
The government is discriminating against my children because they were born out of wedlock, can it do that?
While not as strongly protected as other vulnerable groups, non-marital children still enjoy some protection from government discrimination. The government must show that the discrimination is substantially related to an important government purpose (intermediate scrutiny). That said, federal courts will not uphold any legislation whose sole purpose is to punish non -marital children.
Laws that deny inheritance, deny child support, denial of government benefits, or even barring them from wrongful death suits for the deaths of their other parents will not be upheld. The courts have also struck down statutes of limitation on paternity suits. The only such law that has been allowed to stand is one which granted immigration preference to marital children.
I am unmarried, and my child was born on foreign soil, is that child still a U.S. citizen?
If you are an American woman, the government and the courts will automatically grant and recognize your child’s citizenship. However, an unmarried American man will have to take certain steps to prove his child’s citizenship.
I am not married to the mother of my children, but she is keeping me from seeing them. Is there anything I can do?
Michigan family law will still protect an unmarried father’s due process right to have a relationship with his children. However, this only applies if he has actually helped raise the child and has shown that he is committed to the responsibilities and obligations of fatherhood. Does he supervise the child daily? Has he helped at all with the child’s education?
If the child is an infant, the father must have demonstrated a willingness to assume sole custody of the child if that ever becomes necessary. He cannot simply prevent others from adopting in the case of the mother’s death. The court will also consider whether or not he has publicly acknowledged the child as his and whether he has helped pay any of the expenses from the pregnancy or birth.
I am not married to the mother of my child, do I have legal custody over that child?
Not automatically. The mother, by virtue of giving birth, is automatically given maternity and legal custody of the child. Unless you married her soon after she gave birth, you’re going to have to work a little harder to get legal custody. You can hold the child out as your biological child, put your name on the birth certificate, or formally acknowledge paternity. The same result will also occur if there is a successful suit to establish paternity.
Conclusion
When it comes to divorce, nonmarital children, and custody things get complicated but that’s ok. Goldman and Associates has your back. No matter what your situation may be, our team at Goldman and Associates can help you through the process. If you need more information on Non-Marital Children And Paternity in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.
For more information on legal matters in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions.
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