Legal Question in Family Law in Michigan

If father is not named on the birth cert, Is he responsible for support?

I was married, but separated and getting divorced when I got pregnant by someone else and moved back home. I reconciled with my husband and we raised the baby as our own, my husband is on the birth certificate. The baby's father sends child support whenever ''he'' feels necessary. I believe that he should be responsible for paying child support. He says that he shouldnt have to pay support unless his name is on the birth certificate. Also, he said he will not sign off his parental rights.

What can I do? Can I get support without changing my daughter's birth certificate?


Asked on 2/19/02, 9:29 pm

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: If father is not named on the birth cert, Is he responsible for support?

Even if the birth certificate is changed, the biological father may not necessarily be responsible for support. Michigan has cases supporting the proposition that the man whom the child looks at as the father and who sees the child as his child, even if not the biological father, is the father for all aspects. In fact, it is probably advisable that you never inform your child of her true biological father. Why burden the child with the results of your actions?

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Answered on 2/20/02, 7:04 am
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: If father is not named on the birth cert, Is he responsible for support?

Children born to a married woman are presumed to be the issue of the marriage. The fact that you were legally married at the time of birth and also the fact that your husband's name is listed as your child's father gives rise to a strong presumption that your husband is the legal father. In order to get support from the man you believe to be the biological you must seek to have his paternity established. Most Judges in Michigan are loathe to declare a child a bastard and provide relief in this situation. There have been many cases where the biological father sought to establish paternity and the Courts refused to grant standing as the child was born during a viable marriage. Remember, even if you are successful in establishing that the other man is the father and that your child is entitled to receive support he would be entitled to parenting time and would have a say on your child's upbringing. If your daughter believes that your husband is her father why interfere with her beliefs? The trouble you will find if you are successful is way more than the small amount of support you may receive. Good luck.

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Answered on 2/20/02, 6:50 pm


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