Legal Question in Family Law in Michigan
There is a bit of backstory to this and a couple of questions. Basically, my wife got pregnant while we were still dating and told me that I was the father. When the child was born we signed and filed an affidavit of parentage, my name went on the birth certificate, and he took my last name. Then, just before we got married she told me that she believed I was not the father but that her ex-boyfriend was and she told him so as well. He never tried to get custody, pay child support, or anything else related to the child even though he knew the child may be his. I married her despite all this and 6 years have passed. Our son is now 7 (he was 1 when we got married).
Now, out of nowhere, the alleged "sperm donor" contacted her and she now wants his name on the birth certificate because she feels it's the "right thing to do". Personally, I don't care who's name is on the certificate as long as he has absolutely no rights to visitation, parenting time, etc. He is a felon, an alcoholic, has abused drugs, and currently has absconded from probation.
I've read that once an affidavit of parentage is filed, no matter what other evidence may arise-even dna, that he has no legal standing to challenge the paternity of the child and also therefore no right to visitation and the like.
My questions are: can the birth certificate even be changed at this point and how would it be accomplished? And if so, would he have any rights due to his name appearing on the birth certificate? Finally, would my wife face any legal ramifications for lying on the affidavit since she suspected that I'm not the father?
Thank you in advance for any assistance you can offer.
1 Answer from Attorneys
It is likely well too late to change the affidavit of parentage and since you are married, courts do not want to disturb paternity when parties are married. http://www.wolverinelaw.com