Legal Question in Family Law in Michigan

I am married and pregnant with another man's child. My husband is aware of the circumstances and wants to have the biological father on the birth certificate so that we can get him for child support and allow him visitation with his child. Do my husband and I have to divorce before the child is born in order for the biological father to be on the birth certificate? The biological father does not want to sign his name on the birth certificate because he does not want to be financially responsible for the child but does want visitation. Would establishing paternity be a hassle if we stayed married or easier if my husband and I divorced?


Asked on 10/20/14, 6:48 am

1 Answer from Attorneys

Miles Murphy Plachta, Murphy & Associates, P.C.

This is a very complicated situation. Here is some information on your situation; however, I recommend you talk with legal counsel to help with your exact matter.

A court may determine that a child was born out of wedlock in an action filed by the child�s mother in several circumstances. The court may make the determination when �the mother identifies the alleged father by name in the complaint or motion commencing the action� and �the presumed father, the alleged father, and the child�s mother at some time mutually and openly acknowledged a biological relationship between the alleged father and the child.� The court may also make the determination when �the mother identifies the alleged father by name in the complaint or motion commencing the action� and either of the following applies:

(A) The presumed father, having the ability to support or assist in supporting the child, has failed or neglected, without good cause, to provide regular and substantial support for the child for a period of 2 years or more before the filing of the action or, if a support order has been entered, has failed to substantially comply with the order for a period of 2 years or more before the filing of the action.

(B) The child is less than 3 years of age and the presumed father lives separately and apart from the child.

I would like to offer you a free office consultation to go over your options and determine the best course of action. Call our office at 616-458-3994.

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Answered on 10/21/14, 10:49 am


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