Legal Question in Family Law in Michigan
DNA Testing and Fathers Rights
About 9 years ago I signed a paternity acknowledgement for my ex-girlfriend stating the baby she had was mine. Being young and not having any money I just signed and have been paying child support ever since. Though requested before any attempt I made to see my son was somehow sabotaged. In all honesty this could or could not be my son. If he is I want a relationship and for him to know that I am his father. At this time I believe he thinks her husband is his father. If he is not then I need to stop paying child support. What do I need to do? How do I go about getting a DNA test done and find out if he really is my son and to get visitation? Who do I contact, where do I start?
Thank you
1 Answer from Attorneys
Re: DNA Testing and Fathers Rights
Dear Sir:
This is in response to your email of July 12, 2001.
Given that 9 years ago you signed an affidavit of parentage and have been paying child support since, at this late date it is highly unlikely that you would be successful in having a judge order DNA testing to establish that the child is not your biological son. Under the law, the child is your son. However, you can file a motion with the court to get a specific parenting time schedule so that you can see your son on a regular basis.
If the mother of the child and you consented to DNA testing to establish whether her current husband is the father, and all parties agree to enter an order regarding paternity, you may have success. In this case, you would no longer be responsible for child support. Likewise, you would have no rights to see this child.
Again, keep in mind, that if the mother truly wanted to know the answer to those questions she could simply have the test done without your knowledge.
Sincerely,
Michael D. Eberth
(313) 561-5700
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