COURT ORDERED FATHERS CAN NOW GO BACK TO COURT AND SAY THAT BABY IS NOT MINE.
In Michigan when deciding who the baby daddy is there is a new sheriff in town. The Revocation of Paternity Act MCL 722.1437 et.al has changed the rules of this game. Yes the boy friend biological father of a child conceived now has a chance to have a court name him baby daddy. But the husband of a wayward wife during the marriage can say that baby is not mine. Mothers can clear the air by revoking the paternity of a husband or ex husband that has acted as the child father. And for a little less than a year these action can affect the paternity of adults, or any age child. Have you been unfairly label father of a child that is not yous and suffering child support order. Have you been denied fatherhood because you baby’s mother did not bother to divorce. Now is the time for you to ask. Call for help 810-235-1970
The Revocation of Paternity Act uses the several procedures found in new Michigan law MCL 722.1431 et al other Michigan Compiled Laws, Michigan Family Law case law and court rule to revoke Paternity ,Create. A traditional paternity petition to create an an order of filiation regarding the new father with optional orders of child custody, child support , parenting time within several domestic actions.
There are several categories of men involved in these actions. The following types of fathers can challenge another man's paternity of a child . They are *Acknowledged, Affiliated, Alleged and Presumed .
An "Acknowledged father" which means a man who has affirmatively held himself out to be the child's father by executing an acknowledgment of parentage under the acknowledgment of parentage act.That the acknowledged father has held himself out to be the the child's father by executing and acknowledgement of paternity on or about .
The mother the acknowledged father, an alleged father, or a prosecuting attorney may file an action for revocation of an acknowledgment of parentage. An action under this section shall be filed within 3 years after the child's birth or within 1 year after the date that the acknowledgment of parentage was signed, whichever is later. The requirement that an action be filed within 3 years after the child's birth or within 1 year after the date the acknowledgment is signed does not apply to an action filed on or before 1 year after the effective date of this act.
[] That 722.1437 Sec. 7 (2) An action for revocation under this section shall be supported by an affidavit signed by the person filing the action that states facts that constitute 1 of the following:
lec 307172012
In Michigan when deciding who a child's father is a new law determines this process.. The Revocation of Paternity Act MCL 722.1437 et.al has changed the rules of this game.
A boy friend/ biological father of a child conceived during a marriage now has a chance to have a court name him the child's father . In a Divorce the law has been the husband of a wayward wife during the marriage can say that baby is not mine. Now he can raise the issue after the divorce and even without a divorce pending. . Mothers can now try to revoke the paternity of a husband or ex husband that has acted as the child father. And for a little less than a year these action can affect the paternity of adults, or any age child. Have you been unfairly label father of a child that is not yous and suffering child support order.
Are you paying child support for a child you did not create? Are you the biological father with a married woman of a child that you are not allowed to parent? With MCL 722.1437 you have new rights.
The Revocation of Paternity Act uses the several procedures found in new Michigan law MCL 722.1431 et al other Michigan Compiled Laws, Michigan Family Law case law and court rules to revoke Paternity for one mand and create it for another.
There are several categories of men involved in these actions. The following types of fathers can challenge another man's paternity of a child . They are Acknowledged, Affiliated, Alleged and Presumed .
Here we will discuss an "Affiliated father" which means a man who has been determined in a court to be the child's father. That paternity was established between the Affiliated father and the minor child of this cause by the affiliated father’s failure to appear in the court at which time his paternity was established by a default order. Usually it is a young man who gets notice of a court hearing he does not attend and his paternity of a minor child is determined.
First we need to know the court and the wording of the order. Be sure to take this docuyment with you when you see your attorney.
The affiliated father will be required to testify that the order of Paternity was entered because he did not attend the court proceedings.
Once this threshold is met generally the court shall order the parties to an action or motion under this act to participate in and pay for blood or tissue typing or DNA identification profiling to assist the court in making a determination under this act. Blood or tissue typing or DNA identification profiling shall then be conducted.
The results of the DNA test are not the end of the story. Generally the results of blood or tissue typing or DNA identification profiling are not binding on a court in making a determination under this act.
You cannot wait too long to file under this new law or you will lose your rights. Generally a motion under this section shall be filed within 3 years after the child's birth or within 1 year after the date of the order of filiation, whichever is later. The requirement that an action be filed within 3 years after the child's birth or within 1 year after the date of the order of filiation does not apply to an action filed on or before 1 year after the effective date of this act.
There is a cost you you if you file and do not prevail. Generally if the court determines that a motion under this section should be denied and the order of filiation not be set aside, the court shall order the person who filed the motion to pay the reasonable attorney fees and costs incurred by any other party because of the motion.
The Court as in all family law issues looks to the best interest of the child first.
A court may refuse to enter an order setting aside a paternity determination or determining that a child is born out of wedlock if the court finds evidence that the order would not be in the best interests of the child.
The court shall state its reasons for refusing to enter an order on the record.
The court may consider the following factors in deciding to not revoke paternity:
I will argue that the court should also use where applicable the best interests of the child factors found at MCl 722.23
If you have questions call and make an appointment. 810-235-1970
Sphere: Related Content
In Michigan when deciding who the baby daddy is there is a new sheriff in town. The Revocation of Paternity Act MCL 722.1437 et.al has changed the rules of this game. Yes the boy friend biological father of a child conceived now has a chance to have a court name him baby daddy. But the husband of a wayward wife during the marriage can say that baby is not mine. Mothers can clear the air by revoking the paternity of a husband or ex husband that has acted as the child father. And for a little less than a year these action can affect the paternity of adults, or any age child. Have you been unfairly label father of a child that is not yous and suffering child support order. Have you been denied fatherhood because you baby’s mother did not bother to divorce. Now is the time for you to ask. Call for help 810-235-1970
The Revocation of Paternity Act uses the several procedures found in new Michigan law MCL 722.1431 et al other Michigan Compiled Laws, Michigan Family Law case law and court rule to revoke Paternity ,Create. A traditional paternity petition to create an an order of filiation regarding the new father with optional orders of child custody, child support , parenting time within several domestic actions.
There are several categories of men involved in these actions. The following types of fathers can challenge another man's paternity of a child . They are *Acknowledged, Affiliated, Alleged and Presumed .
An "Acknowledged father" which means a man who has affirmatively held himself out to be the child's father by executing an acknowledgment of parentage under the acknowledgment of parentage act.That the acknowledged father has held himself out to be the the child's father by executing and acknowledgement of paternity on or about .
The mother the acknowledged father, an alleged father, or a prosecuting attorney may file an action for revocation of an acknowledgment of parentage. An action under this section shall be filed within 3 years after the child's birth or within 1 year after the date that the acknowledgment of parentage was signed, whichever is later. The requirement that an action be filed within 3 years after the child's birth or within 1 year after the date the acknowledgment is signed does not apply to an action filed on or before 1 year after the effective date of this act.
[] That 722.1437 Sec. 7 (2) An action for revocation under this section shall be supported by an affidavit signed by the person filing the action that states facts that constitute 1 of the following:
(a) Mistake of fact.
(b) Newly discovered evidence that by due diligence could not have been found before the acknowledgment was signed.
(c) Fraud.
(d) Misrepresentation or misconduct.
(e) Duress in signing the acknowledgment. If the court in an action for revocation under this section finds that an affidavit under subsection (2) is sufficient, the court shall order blood or tissue typing or DNA identification profiling as required under section 13(5). The person filing the action has the burden of proving, by clear and convincing evidence, that the acknowledged father is not the father of the child.
lec 2
======================lec 307172012
In Michigan when deciding who a child's father is a new law determines this process.. The Revocation of Paternity Act MCL 722.1437 et.al has changed the rules of this game.
A boy friend/ biological father of a child conceived during a marriage now has a chance to have a court name him the child's father . In a Divorce the law has been the husband of a wayward wife during the marriage can say that baby is not mine. Now he can raise the issue after the divorce and even without a divorce pending. . Mothers can now try to revoke the paternity of a husband or ex husband that has acted as the child father. And for a little less than a year these action can affect the paternity of adults, or any age child. Have you been unfairly label father of a child that is not yous and suffering child support order.
Are you paying child support for a child you did not create? Are you the biological father with a married woman of a child that you are not allowed to parent? With MCL 722.1437 you have new rights.
The Revocation of Paternity Act uses the several procedures found in new Michigan law MCL 722.1431 et al other Michigan Compiled Laws, Michigan Family Law case law and court rules to revoke Paternity for one mand and create it for another.
There are several categories of men involved in these actions. The following types of fathers can challenge another man's paternity of a child . They are Acknowledged, Affiliated, Alleged and Presumed .
Here we will discuss an "Affiliated father" which means a man who has been determined in a court to be the child's father. That paternity was established between the Affiliated father and the minor child of this cause by the affiliated father’s failure to appear in the court at which time his paternity was established by a default order. Usually it is a young man who gets notice of a court hearing he does not attend and his paternity of a minor child is determined.
First we need to know the court and the wording of the order. Be sure to take this docuyment with you when you see your attorney.
The affiliated father will be required to testify that the order of Paternity was entered because he did not attend the court proceedings.
Once this threshold is met generally the court shall order the parties to an action or motion under this act to participate in and pay for blood or tissue typing or DNA identification profiling to assist the court in making a determination under this act. Blood or tissue typing or DNA identification profiling shall then be conducted.
The results of the DNA test are not the end of the story. Generally the results of blood or tissue typing or DNA identification profiling are not binding on a court in making a determination under this act.
You cannot wait too long to file under this new law or you will lose your rights. Generally a motion under this section shall be filed within 3 years after the child's birth or within 1 year after the date of the order of filiation, whichever is later. The requirement that an action be filed within 3 years after the child's birth or within 1 year after the date of the order of filiation does not apply to an action filed on or before 1 year after the effective date of this act.
There is a cost you you if you file and do not prevail. Generally if the court determines that a motion under this section should be denied and the order of filiation not be set aside, the court shall order the person who filed the motion to pay the reasonable attorney fees and costs incurred by any other party because of the motion.
The Court as in all family law issues looks to the best interest of the child first.
A court may refuse to enter an order setting aside a paternity determination or determining that a child is born out of wedlock if the court finds evidence that the order would not be in the best interests of the child.
The court shall state its reasons for refusing to enter an order on the record.
The court may consider the following factors in deciding to not revoke paternity:
(a) Whether the presumed father is estopped from denying parentage because of his conduct.
(b) The length of time the presumed father was on notice that he might not be the child's father.
(c) The facts surrounding the presumed father's discovery that he might not be the child's father.
(d) The nature of the relationship between the child and the presumed or alleged father.
(e) The age of the child.
(f) The harm that may result to the child.
(g) Other factors that may affect the equities arising from the disruption of the father-child relationship.
(h) Any other factor that the court determines appropriate to consider.
I will argue that the court should also use where applicable the best interests of the child factors found at MCl 722.23
If you have questions call and make an appointment. 810-235-1970
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