How to establish Michigan paternity when a pregnant woman is married
There are three main ways to establish paternity in Michigan. Those methods are:
- Both parties signing an Affidavit of Parentage before a notary public
- Having a court order paternity determination through a DNA test
- Being married to a woman at the time she gives birth.
However, simply because a man is married to that woman at the time of birth, does not mean that man is biologically the child’s father. In these circumstances, the court is required to get involved.
If the Mother Was Married to Someone Else While Pregnant
A husband is the legal father of a child conceived or born during his marriage. No one can sign an Affidavit of Parentage for a child who already has a legal father. To change the legal father, the mother, her husband, or the biological father must first get a court order revoking (undoing) the husband’s paternity.
To ask the judge to revoke the husband’s paternity, you must file a Motion or Complaint to Determine Child Born Out of Wedlock.
If the judge revokes the husband’s paternity, then the biological father can become the new legal father by Affidavit of Parentage or court order.
If the biological father becomes the legal father by signing an Affidavit of Parentage, either he or the mother can start a custody case. If the judge signs an order making him the legal father, either party can file a Motion Regarding Custody in the paternity case to get or change a custody order.
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