Paternity is Redefined in Michigan
Paternity in Michigan has been completely redefined. The law in Michigan since 1956 has presumed that a child born in a marriage was the product of that marriage. This presumption existed even if the husband was not the biological father, and that fact could be proven.
As of June 12, 2012, pursuant to a new law signed in by the Governor of Michigan, paternity can now be established by the biological father even if the child was born in a marriage. This new law grants biological fathers rights over presumed fathers (men presumed to be the father because the child was born during the marriage.
However, very specific circumstances have to exist in order for paternity to be established, and there are extensive requirements in place with the new law. The primary circumstance that must exist is that paternity must be sought within 3 years of a child’s birth or within 1 year of the entry of an Order of Filiation (paternity), whichever is later. This is merely one requirement, and the remaining requirements are too numerous to list here.
There is also a provision in the law allowing paternity actions under the new act even if the 3-year requirement isn’t met, provided they are filed within 1 year of enactment of the new law, again, under specific circumstances.
If you are interested in learning more about family law or divorce or have a question about those issues, please contact the Family Law team at Fausone Bohn, LLP at (248) 380-0000 or online at FB-Firm.com. To learn more about the new law, please visit the Michigan Legislature website.