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How The Law Determines Paternity And What It Means For You
Parenthood comes with rights and responsibilities. But, for some fathers, the legal relationship with their child is not established. This can hurt both parents by creating additional barriers to access and inadequate access to financial support. In cases of infidelity or same-sex couples, proving parental rights or lack thereof has additional complications.
If you are looking for help proving or disputing paternity, you are in the right place. Our firm has the resources and experience to assist you. Reach out to Pinnacle Family Law in Novi, Michigan, online. Alternatively, schedule your free consultation by calling our paternity lawyer at 248-305-6484.
The Law Determines The Father
The common-law rule is that a married woman's husband is presumed to be the legal father of any child conceived or born during the marriage. This rule is still the starting point of legal analysis when the marriage involves an opposite-sex couple.
Actions to determine paternity may be brought under the Paternity Act. Parents may also sign an acknowledgment of parentage under the Acknowledgment of Parentage Act, and a putative father may file a notice of intent to claim paternity under the Adoption Code, which raises a rebuttable presumption of paternity. A putative father may also establish paternity under the Revocation of Paternity Act (RPA). When one or more of the parties receive Title IV-D services, actions to establish an alleged father's paternity may also be brought under the Genetic Parentage Act (GPA) or the Summary Support and Paternity Act (SSPA).
BEWARE! For a father who is not married to the mother, the mother has SOLE CUSTODY — both legal and physical — of their child until the family court orders otherwise.
In a divorce action, the court has no authority to determine the paternity of a third party, although it may determine the husband's paternity rights if the court has in personam jurisdiction over the husband. A finding of fact in a divorce decree that a child was born of the marriage bars relitigation of paternity, even if the issue was not contested.
Maintain Your Rights And Get What Your Child Needs
When you work with us, you get an attorney who understands the intricacies of paternity law and the importance of your case. We can help you establish or dispute paternity. Call 248-305-6484 for your free consultation.