Revocation of Paternity in Michigan

In Michigan, the legal concept of paternity establishes the legal relationship between a father and a child. However, situations arise where the presumed paternity is incorrect, leading to the need for revocation. Understanding the legal framework for revocation of paternity in Michigan is crucial for those seeking to challenge or clarify paternity. In this blog post, we will explore the circumstances under which paternity can be revoked, the legal processes involved, and the implications for those affected.

What is Paternity?

Paternity is the legal acknowledgment of fatherhood, which carries rights and responsibilities, including child support, custody, and visitation. In Michigan, paternity can be established through several means:

• Marriage: A child born to a married couple is presumed to be the child of the husband.
• Acknowledgment of Paternity (AOP): An unmarried father can establish paternity by signing an AOP form with the mother.
• Court Order: In cases of dispute, a court can order genetic testing to establish paternity. These are called as orders of filiation.

Why Would Paternity Need to Be Revoked?

There are various reasons why someone might seek revocation of paternity:

• Mistake or Misrepresentation: If a child was born to unmarried parents, paternity may have been established based on incorrect or fraudulent information. A mother and father may sign an Acknowledgement of Parentage (AOP) together and later learn that the man who signed it is not the biological father of the child.
• Born Out of Wedlock: Long-term separations, failed attempts at finalizing a divorce, or infidelity can lead to the birth of a child to a married woman who is not the biological child of the husband. In Michigan, the husband is the presumed father of such a child and is obligated to support that child unless paternity is revoked.

Michigan has a specific legal process for revoking paternity, outlined in the Revocation of Paternity Act (ROPA). Key elements include:

• Timeframe for Revocation: ROPA generally allows a motion to revoke paternity to be filed within three years of the child’s birth or within one year after the AOP is signed or order of filiation enters with the court, whichever is later. A husband may also request a revocation of paternity for children born out of wedlock after such children are three years old, but only in the context of his divorce from the mother.
• Eligibility: Individuals eligible to file a motion to revoke paternity include the presumed father, the mother, a biological father, or a prosecuting attorney.
• Court Process: The motion must be filed in the circuit court and, dependent upon the circumstances, can be filed as an original action or as a motion in an existing action for divorce, custody, or support. The circuit court will review the evidence, potentially order genetic testing, and determine whether to grant the revocation.

Legal and Financial Consequences of Revoking Paternity

Revoking paternity can have significant consequences, including:

• Termination of Rights and Responsibilities: If paternity is revoked, the presumed father may no longer have custody or visitation rights but is also released from financial obligations like child support.
• Impact on the Child: Changes in paternity can affect the child’s identity, relationships, and inheritance rights.

Important Considerations:

• Best Interests of the Child: Courts consider the best interests of the child when deciding on revocation of paternity, not only whether the presumed father is, in fact, the genetic or biological father, which can influence the outcome.
• Emotional Impact: The process can be emotionally taxing for all parties involved, including the child.

Seek Qualified Legal Assistance

Revoking paternity in Michigan requires a clear understanding of the legal framework and careful consideration of the consequences. Given the complexity of revocation of paternity in Michigan, it’s crucial to seek qualified, professional legal advice. At Curcio Law, our experienced family law attorney specializes in paternity issues, including revocation. We understand the sensitivity of these cases and provide compassionate, thorough legal support to guide you through the process. Curcio Law is dedicated to empowering our clients with knowledge and peace of mind during life’s most challenging circumstances.

If you’re facing a paternity issue or need advice on revocation of paternity, contact us at Curcio Law for a free, confidential consultation. We’re here for your family.