Legal Question in Family Law in Michigan
Children Hidden for 6 years
Six years ago, before my fiance met, he was with another woman for just one night (while she was separated from her boyfriend). Apparently she got pregnant, with twins, and she decided to keep them. My fiance did pay for an abortion, but that money was used for drugs when the boyfriend found out about the pregnancy. Now, six years later the woman's boyfriend has been missing and she went after him for child support (and he did sign their birth certificates). He demanded a paternity test, and it was negative. The woman says the only other possible father is my fiance. We know the first thing we have to do is get a paternity test. But after that what rights does my fiance have? Will he owe back child support? Also legal guardianship has been handed over the the woman's grandmother, what visitation rights will my fiance have, and in the future will he be able to get custody if he chooses?
2 Answers from Attorneys
Re: Children Hidden for 6 years
It all depends on whether he desires to initiate proceedings. Generally, paternity will not be in question until mother or representative of the children(the State) seeks to establish paternity by court proceeding. At that point a paternity test will be requested of your fiance. Until then, paternity has not been established and your fiance has no right of visitation and no obligation to pay support. Once paternity is established, he will be obligated to pay support, he could argue that the support obligation should only assessed since the paternity proceeding and not retroactively. If the paternity proceeding has been initiated by the state, it is unlikely that the order of support will be only proactive as the state will probably be looking to recoup aid payments made on behalf of children. For more info., please contact my office at (248)851-3171.
Re: Children Hidden for 6 years
Does your fiance want a relationship with these children? Either way, he should get a competent family law lawyer to handle the many issues that you address. Bill Stern 248-353-9400
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