Legal Question in Family Law in Michigan

unwed fathers rights-visit-name/birth certificate

unwed parents of twins. new mom is refusing visitation unless(extorsion)he marries her and buys a house. paternity tests done-waiting for results.(72 hrs) She refuses to have the babies take his last name, as long as they aren't married. he doesn't want to marry her. What should our next step be, providing he is the dad? can she keep his last name off the birth certificates and still expect him to pay support??? He has a complete nursery and intends to help reaise them in two different houses. thanks -waiting


Asked on 5/15/03, 10:37 am

2 Answers from Attorneys

Thomas Weiss McClintic & Weiss, P.C.

Re: unwed fathers rights-visit-name/birth certificate

Thanks for posing the interesting question.

First, go ahead and place your name on the birth certificate.

Second, call the prosecuting attorneys office in your county and tell them that you have a paternity issue and you would like for them to be involved. They will file a court case to establish paternity against the father, and work with the Friend of the Court office in your county to work on getting an order for child support and to further order the putative father to pay for your hospital costs or some part of them. The putative father will have some visitation rights, maybe a couple of hours two times a week for an infant.

Please don't make any agreement with the father. Nothing. Wait for the prosecuting attorney to advise you on what to do.

Good luck,

Tom Weiss

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Answered on 5/15/03, 12:18 pm
William Stern William Stern, P.C.

Re: unwed fathers rights-visit-name/birth certificate

He can get visitation and acknowledge paternity. As time goes on, he can increase his visitation. At this stage, it may be difficult to get joint physical custody but that should be available when the kids are a little older. If you wish to discuss it further, give me a call at 248-353-9400. Bill Stern

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Answered on 5/15/03, 3:24 pm


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