In Michigan, a legal father is defined as a man who is recognized by law as the father of a child. This recognition can happen in several ways, including through marriage to the child’s mother, signing an affidavit of parentage, or being declared the father by a court.
Here are some important things to know about the legal rights and responsibilities of a father in Michigan:
Presumption of paternity through marriage
If a child is born to a woman who is married, her husband is presumed to be the father of the child. This presumption can be rebutted by evidence that another man is the biological father, but it can be difficult to overcome.
Affidavit of parentage
If a child is born to unmarried parents, they can sign an affidavit of parentage to establish the legal father. This document must be signed voluntarily by both parents and filed with the Michigan Department of Health and Human Services. Once the affidavit is filed, the legal father has the same rights and responsibilities as if he were married to the child’s mother.
Genetic testing
If there is a dispute about who the father of a child is, genetic testing can be used to establish paternity. The testing must be ordered by a court, and both the alleged father and the child must provide a DNA sample.
Court declaration of paternity
If there is no presumption of paternity and no affidavit of parentage has been signed, a man can still establish himself as the legal father by going to court. This can be done by filing a paternity action in the family court, which will then order genetic testing and make a determination of paternity based on the results.
Once a man has established himself as the legal father of a child in Michigan, he has certain rights and responsibilities. Here are some of the most important:
Child custody
A legal father has the right to seek custody of his child in Michigan. If the child’s mother is not willing to agree to a custody arrangement, the father can file a motion with the family court to establish a parenting time schedule and custody arrangement.
Child support
A legal father also has a legal responsibility to provide financial support for his child. In Michigan, child support is based on the income of both parents and the number of children they have. The court will issue an order requiring the non-custodial parent to pay child support to the custodial parent.
Inheritance
A legal father has the right to inherit from his child, and his child has the right to inherit from him. This means that if the father dies, his child has a legal claim to a portion of his estate.
Medical decisions
A legal father has the right to make medical decisions for his child. This includes consenting to medical treatment and making decisions about the child’s healthcare.
Name change
A legal father can petition the court to change his child’s name. This is often done if the child has been given the mother’s last name, but the father wants the child to have his last name instead.
In addition to these rights and responsibilities, a legal father also has the right to establish a relationship with his child. This includes spending time with the child, attending school events and activities, and participating in the child’s life in other ways.
It is important to note that if a man is not the legal father of a child, he has no legal rights or responsibilities for that child. This means that he cannot seek custody or visitation, and he is not responsible for providing financial support.
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The article you read is based on general applications of the law, and it is not legal advice and should not be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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