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Establishing paternity is an important part of ensuring a father can play an active role in his child’s life, as well as giving a child a sense of identity and belonging. If you’re seeking paternity, please don’t hesitate to speak with a dedicated Oakland County paternity lawyer here at Alan B. Cooper & Associates, PLLC today.
Alan B. Cooper & Associates, PLLC is a staunch believer in the fact that both parents should contribute to raising and providing for their children, and establishing paternity is a critical component of accomplishing this. You can have confidence in your choice of Oakland County family lawyer when you turn to Alan B. Cooper & Associates, PLLC for guidance.
Fathers’ rights and paternity are two related but distinct concepts in Michigan. Paternity is the legal recognition of a man’s biological relationship to a child, while fathers’ rights are the legal rights and responsibilities that a man has regarding his child. Establishing paternity is a necessary step for a man to claim his fathers’ rights, but it does not automatically grant him those rights.
Paternity can be established in different ways, depending on whether the parents are married or not, and whether they agree or disagree on the child’s biological father. For married couples, the husband is presumed to be the legal father of the child, unless the court determines otherwise. For unmarried couples, the father can voluntarily acknowledge his paternity by signing an Affidavit of Parentage with the mother, or seek a court order to prove his paternity through a DNA test. Paternity can also be established by adoption or by a judicial determination of parental rights.
Ultimately, the difference between fathers’ rights and paternity in Michigan is that paternity is a legal status that establishes a biological connection between a man and a child, while fathers’ rights are legal entitlements and obligations that arise from that connection. In short, paternity is a prerequisite for fathers’ rights, but it does not guarantee them.
As previously stated, in the state of Michigan, there are two main ways to establish paternity: by signing an Affidavit of Parentage or by going to court.
An Affidavit of Parentage is a form that both parents can fill out and sign to agree that the man is the child’s father. This form can be obtained at the hospital when the child is born, at the local Michigan Department of Health and Human Services office, at the local county Registrar’s Office, or online. The father’s name can be added to the child’s birth certificate for free at the hospital, or for a fee later on. However, this form does not give the father any custody or parenting time rights. He must file a separate case in court to get those rights.
Going to court is another way to establish paternity, especially if there is a dispute or uncertainty about who the father is. Either parent or a prosecuting attorney can file a paternity case in the county where the mother, child, or possible father lives. The court may order DNA paternity testing (also known as genetic testing) to determine the biological father. The court may also decide on other issues, such as child support, custody, and parenting time. Going to court can be more complicated and costly than signing an Affidavit of Parentage, but it can also provide more legal protection and certainty for both parents and the child.
Whether you’re looking to establish yourself as a child’s paternal father or you’re seeking to establish paternity for child support purposes, our firm is here to help. Contact Alan B. Cooper & Associates, PLLC today so you can tell us your story and so we can get started working on your case.