Affidavits of Parentage: What Every Unmarried Father in Michigan Needs to Know

Unmarried fathers are presented with unique legal challenges. They are generally presented with an Affidavit of Parentage at the hospital after a child is born and told to sign it without any explanation. Fathers regularly sign the Affidavit without understanding it or how signing it affects their rights. As a result, many unmarried fathers leave the hospital with little or no understanding of what their rights are as fathers and what they need to do to assert those rights. Similarly, fathers not present at the birth of a child often do not know what they need to do to protect their rights.

The Affidavit of Parentage is a form signed by both parents that acknowledges that the parents are the natural parents of the child. By signing the Affidavit, the parents affirm their parentage of the child under penalty of perjury. Therefore, a father who is not 100% certain that he is the natural father of the child should not sign the form without further investigation or seeking legal advice.

When presented with an Affidavit of Parentage, a father should first read the document very carefully. See Michigan’s Affidavit of Parentage at:

http://www.michigan.gov/documents/Parentage_10872_7.pdf .

Any father who does not understand the Affidavit or is uncomfortable with anything in the Affidavit should seek legal advice before signing.

Important Rights are Waived By Signing an Affidavit of Parentage.

By signing an Affidavit of Parentage, a father waives the following rights:

· The right to blood or genetic tests to determine if he is the biological father.

· Any right to a court appointed attorney to represent him in a court to determine if he is the biological father.

· The right to a trial to determine if he is the biological father.

These are very important rights, and a father must understand these rights completely and be comfortable waving them before he signs the Affidavit.

Benefits of Signing the Affidavit of Parentage.

There are definite benefits to signing the Affidavit of parentage. If a father signs the document, he establishes himself as the child’s father. He can put his name on the child’s birth certificate and assert his custody and parenting time rights.

An Affidavit of Parentage Can Be Set Aside Under Certain Circumstances.

If a father mistakenly signs an Affidavit of Parentage or later finds out that he is not the father of the child, he may be able revoke his acknowledgement of parentage. In order to do so, he must file an action with the appropriate Court and request the Court revoke the acknowledgement. However, if an individual has held himself out as and acted as the child’s father for a substantial period of time, he might not be successful in revoking the acknowledgement.

The Affidavit of Parentage and Custody, Parenting Time and Child Support

The Affidavit of Parentage gives the mother initial custody of the child and does not grant the father parenting time with the child. In order for the father to assert his rights for custody and parenting time he must file a custody case with the appropriate Court. The court order entered with the Court is generally referred to as an Order of Filiation, which is an enforceable court order concerning custody, parenting time and child support. A father must have this order, or its equivalent, to enforce his custody and parenting time rights.

A father does not eliminate his child support obligation by not signing an Affidavit of Parentage. A father will not be required to pay support if he does not acknowledge that he is the father of the child. However, a child support case can be initiated by the mother or the State of Michigan. A mother may initiate her own court case to establish paternity and request a child support order. The State of Michigan will initiate its own court case to establish paternity and enter a child support order if the mother or child are receiving any assistance from the state (cash assistance, food assistance, Medicaid, etc.). A father must understand that the child support order could be retroactive all the way back to the birth of the child leaving the father with a substantial child support arrearage.

The Best Way to Overcome Legal Obstacles is to be Proactive.

Every father needs to be proactive and have a plan in place to assert his rights as a father before the child is even born. By seeking legal guidance, understanding his rights and having a plan in place, an unmarried father can overcome his legal challenges and focus on enjoying fatherhood.

There are many other things an unmarried father needs to know. Contact us or another qualified attorney for more information and assistance.

PPOs are sometimes necessary

We don't love Personal Protection Orders (PPOs) at Gordon & Shaw because they are sometimes used as a sword to separate a man from his children or house without any hearing based upon one-sided false or embellished allegations. However, they have their place. Take for example the case of Samuel Cordaryl Clark, age 24. Mr. Clark died when his ex-girlfriend chased his car down 28th Street at 100 miles per hour. At this point we don't know if his ex-girlfriend had done anything like this before but it is obvious that he did not want to be confronted by her. Had he had a PPO and drove to the police station, his ex-girl friend would have gone to jail and he may have lived. Some men need a PPO but are skeptical that they will not be taken seriously by the court or believe that they can take care of themselves. Men are right to be skeptical of the court but that should not stop them. We have had clients obtain PPOs. Preparation is key. What worries us more is the men that believe they can take care of themselves, because they tend to get themselves in trouble. Believe me, there are men in Grand Rapids that have a domestic abuse convictions on their record even though they were only acting in self defense. If a man feels threatened he must get the court’s help. For more on Mr. Clark see http://www.mlive.com/news/grand-rapids/index.ssf/2010/10/woman_who_alledgedly_chased_bo.html#incart_mrt