Legal Question in Family Law in Michigan

Paternity rights

What legal rights does a man have to protect himself against a married women who claims to be pregnant with his child? It is very possible that it could be true.


Asked on 8/01/99, 12:24 am

1 Answer from Attorneys

Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Paternity rights

The presumption is that (with some exceptions) a child born during a marriage is the child of the woman's husband. If you are named as the putative father you can seek to have a paternity test performed to exclude you as the father. You can also refuse to take a paternity test unless ordered to do so by the Court. failure to obey a court order can subject you to contempt. If the woman is not receiving aid from the State for assistance or for confinement costs then the prosecutor should not become involved. If the mother did or is receiving aid from Family Independence Agency then they might pursue a paternity action if the father doesn't step forward to acknowledge the child. At any rate, the husband of the mother should be tested to either establish paternity or rule it out. If the husband has been ruled out then and only then should the FIA come after you to seek a paternity test. You might want to be careful of what you say about the possibility of the child being yours. Be careful not only of what you say but who you say it too.

On the other hand if you believe that the child is yours and you want to be involved in the child's upbringing then you can request a paternity test be performed to either confirm or refute your belief. Good luck.

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Answered on 8/03/99, 12:26 pm


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