The information provided in the Self-Help Center is not legal advice.
The laws of Michigan do not allow the employees of the court or the
judge to give you legal advice. You should consult with an attorney
concerning legal issues, but you do not need an attorney to file a paternity
case. If you proceed with a paternity case without an attorney, you
are acting as your own attorney.
The following is a brief description of a paternity case. There is
no specific information available in this Self-Help Center to aid you
with the entire legal process in a paternity case. Because of the importance
of the outcome, it may be advisable to contact an attorney.
Paternity is the legal identification of a child's natural father when
the parents are not married. Once paternity is established, the child
has the same right to financial support as a child born to married parents.
The paternity of a child can be established by voluntary acknowledgment
or through a court hearing. See
information about paternity from the Department of Human Services
>>.
How Paternity is Established
The simplest way to establish paternity is for both parents to sign
an Affidavit
of Parentage form. This service is available free of charge in
the hospital when the child is born, or you can telephone the support
specialist at your county Department
of Human Services for free help. After the Affidavit of Parentage
form is completed it must be recorded with the Department of Community
Health. Follow the instructions provided with the form. By signing
the form, the paternity of the child is legally established.
If a father decides to sign a paternity acknowledgment, a family
support order will be signed by the judge instead of a paternity order.
This is done because a court case cannot be processed under the Paternity
Act if the father signs a paternity acknowledgment. For more information
about the law, see the Paternity
Act >>. If the father acknowledges paternity, a family support
order is entered. You may want to view the Family
Support Act and see details about filing
a family support case instead >>.
Another way paternity is established is through a paternity case.
The county Department
of Human Services (DHS) can ask the prosecutor to file a complaint
with the court to obtain an order establishing paternity if the mother:
1) resides in that county; 2) cannot afford an attorney; 3) is eligible
for child support services (IV-D); or 4) is receiving public assistance.
If the mother is not receiving public assistance, she should still
contact the county DHS
in the county where she lives for help in establishing paternity.
Filing a Paternity Case Generally
If you are starting the paternity action, you are called the plaintiff
and the other parent is the defendant. Unless the prosecutor files
the complaint, the plaintiff must file a complaint asking the court
to establish paternity and grant custody, support, and parenting time.
The family division of circuit court handles all paternity cases
in Michigan. If you want to file a paternity case, it must be filed
in the county where the mother lives. If the mother and child live
outside of the state of Michigan, the case must be filed in the county
where the alleged father lives or is found.
Processing Paternity Cases Generally
Most paternity cases are processed in the same manner. A complaint
must be filed, fees must be paid, a summons must be issued, the parties
must be served notice of the complaint, hearings must be scheduled and
noticed, blood tests must be ordered and taken, answers must be given,
and hearings must be attended. The end result of the case will be entry
of an order. General information about court forms, fees, service, hearings,
finding legal information, and how the courts operate can be found in
this Self-Help Center by clicking on any of the topics in the horizontal
bar at the top of this page. Specific information about processing a
paternity case is not provided, but there are
more details about general case processing >>.
Certain procedures must be followed to get a court order for paternity.
These procedures are stated in the Michigan Compiled Laws and Michigan
Court Rules, but keep in mind that courts may have local practices
in addition to these laws and court rules. You should check with your
attorney or the prosecuting attorney in the county where the mother
lives to find out what types of services they provide with regard
to processing your case.
Paternity Hearing
At the paternity hearing the court will seek to determine paternity of
the child. The court may require the mother, the alleged father, and
the child to have a blood test taken. If at any time during this process
the alleged father admits to being the father of the child, an order
establishing paternity can be entered by the court. If the alleged father
wants to contest the results of the blood test, a trial will be held.
At the end of the trial, the court will either enter a paternity order
or dismiss the paternity claim.
Paternity Order
If paternity is established, an order of filiation (paternity) will
be entered. The judge will most likely order the the payment of child
support, medical expenses for the birth of the child (also called
confinement expenses), blood test costs (if taken to prove paternity),
and other costs, and may also order that health care coverage be provided.
You may want to view the Michigan
Child Support Formula Manual and MarginSoft
Child Support. You may also want to view the Model
Friend of the Court Handbook for some common child support questions
and answers. See details about custody
and parenting time >>.
If paternity is established and the parents are in agreement about
custody and/or parenting time, the judge will most likely include
that agreement in the paternity order. If the parents are not in agreement
about custody and/or parenting time, the judge will order temporary
custody and parenting time until a hearing on the dispute (or other
resolution). The friend of the court may be asked to complete an investigation
for custody/parenting time prior to the hearing. You may want to view
the following regarding custody and/or parenting time:
Michigan Custody Guideline
Michigan
Parenting Time Guideline
Custody
and Parenting Time Investigation Manual
A paternity order can be changed if necessary. See details for changing
a child support order,
custody order, or parenting
time order >>.
Enforcing the Order
Unless you have opted not to receive the services of the friend of
the court, If the paternity order includes child
support and parenting time,
the friend of the court will enforce these orders.
If a parent moves out of state, child support is still enforced.
You may want to view the State Court Administrative Office's publication
regarding the Uniform
Interestate Family Support Act.
