Monday, July 9, 2012

Is your baby mine? and if so why did this guy sign an affidavidit of Parentage?


In Michigan when deciding who the baby daddy is there is a new sheriff in town.

The Revocation of Paternity Act MCL 722.1437 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 yours 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 yoy to ask   HTTP://WWW.IsYourBabyMine.COM. Call 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.

Sphere: Related Content