This article is the second in our series regarding Michigan’s Revocation of Paternity Act.  Last time, we discussed why the Act was enacted, the terminology used in the Act, and the ways in which the Act allows someone to revoke paternity.  This time, we will dig a little deeper into how the Act actually works.

Setting aside an Acknowledgment of Parentage

Last time, we saw that the Act allows a father’s paternity to be revoked in three situations:

1. When he has signed an Acknowledgment of Parentage;
2. When a court order has determined that he is the father; or
3. When he was presumed to be the father because he was married to the child’s mother when the child was conceived or born.

Let’s turn first to #1 – actions to set aside an Acknowledgment of Parentage.  The Act – specifically, Section 7 – allows you to seek to revoke an Acknowledgment of Parentage if you are the mother, the acknowledged father, an alleged father, or the county prosecutor.  To prevail, you need to be able to show that the Acknowledgment of Parentage should be set aside because of mistake of fact, newly discovered evidence, misrepresentation, misconduct, or duress.  You will need to act quickly, too; you must file your case within three years of the child’s birth or one year of the signing of the Acknowledgment of Parentage, whichever is later. 

Overturning a court order

We mentioned above that, in addition to overturning an Acknowledgment of Parentage, the Act can allow you to overturn a court’s determination of paternity.  Perhaps not surprisingly, though, the grounds for doing this – set forth in Section 9 – are pretty limited.  First, the motion must be filed by either the mother, an alleged father, or the affiliated father.  Second, paternity must have been established by an affiliated father’s failure to appear in the action that established his paternity (as opposed to him having contested the action for paternity and lost on the merits).  Third, similar to the requirement for setting aside an Acknowledgment of Parentage, the motion to revoke the court’s paternity order must be filed within three years of the child’s birth or one year of the entry of the paternity order, whichever is later.

Overcoming a marital presumption of paternity

As we saw last time, a man can become a “presumed” father if he was married to the child’s mother at the time the child was conceived or born.  Under Section 11 of the Act, an action to overcome this presumption can be filed by the mother, the presumed father, an alleged father, or the State.  

If the mother files, she has two options – 

She can use Option 1 if:

A. She identifies the alleged father by name; and

B. The presumed father, alleged father, and mother had, at some time, mutually and openly acknowledged that the alleged father was the child’s biological father; and

C. She files the action within three years of the child’s birth.

She can use Option 2 if:

A. She identifies the alleged father by name; and either

a. Despite the fact that the presumed father had the ability to support the child, he failed, without good cause, to provide regular and substantial support for two years or failed to substantially comply with a support order for two years; or

b. The child is not yet three-years-old, and the presumed father lives apart from the child.

If the presumed father files, the only requirement he must meet is that he must either:

A. File within three years of the child’s birth; or

B. Contest his paternity as part of a divorce or separate maintenance action between him and the child’s mother. 

If the alleged father files, he has three options –

He can use Option 1 if:

A. He can show that he neither knew nor had reason to know that the mother was married at the time of conception; and

B. The presumed father, alleged father, and mother had, at some time, mutually and openly acknowledged that the alleged father was the child’s biological father; and

C. He files within three years of the child’s birth; and

D. The child’s paternity is – or will be – established by court order.

He can use Option 2 if:

A. He can show that he neither knew nor had reason to know that the mother was married at the time of conception; and either

a. Despite the fact that the presumed father had the ability to support the child, he failed, without good cause, to provide regular and substantial support for two years or failed to substantially comply with a support order for two years; or

b. The child is not yet three-years-old, and the presumed father lives apart from the child;

and

B. The child’s paternity is – or will be – established by court order.

He can use Option 3 if:

A. He can show that the mother was not married at the time of conception; and

B. He files within three years of the child’s birth. 

Can’t Find An Answer to Your Question about the Revocation of Paternity Act?

If you would like to discuss any issue having to do with the Revocation of Paternity Act – or with paternity in general – please call our office and Michigan family law and divorce attorneys Carlo J. Martina and Peter G. Bissett can answer your questions.  Mr. Martina and Mr. Bissett can also represent you in all family law and divorce proceedings to ensure your rights and interests are protected.

Call Michigan divorce lawyers Carlo J. Martina and Peter G. Bissett today at (734) 254-1140 to schedule a consultation.