What constitutes a divorce with high net worth? What effects do substantial assets have during divorce? There may be a wide range of definitions or standards for a high asset divorce. A million dollars’ worth of assets could include a half-million-dollar marital residence, a quarter-million-dollar 401(k), and other assets that add up to that amount.

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High asset levels have an impact on the methods and procedures you must use to value assets, ascertain ownership, compute the liabilities incurred to acquire the assets, and develop a framework for valuing net worth. Due to the enormous value of assets, these problems will arise. Your attorney has to know about these significant assets so they can advise you on how to approach future property assessment and division.

High Asset Is Not Really Referring To Cash

High asset divorce: what is it? High asset divorce is a phrase that can be misleading. It refers to owning any marital property with a high valuation rather than the amount of money you have in your bank accounts. A divorce involving numerous high net worth assets, such as numerous homes, business assets, or diverse financial holdings, is common.

Cash is part of assets. In fact, it is the most liquid of most assets. A marriage however can have a very high net worth without necessarily having a large amount of cash. This is probably because of the high cost of living or the accumulation of large amounts of debt.

When one partner in the marriage fails to achieve the same financial success and standing as their spouse, a high asset divorce typically happens. This may be due to a variety of factors, including inheritance, investments, enterprises, and more. In Michigan and other states, requesting a divorce jumpstarts a legal process leading to the discovery of these assets.

When this happens frequently, disputes about who should receive what property and what constitutes a fair allocation of property result.

Many extremely wealthy people spend their entire lives building their fortune. Given the amount of cash that was amassed during the marriage, filing for divorce may not be simple for them.

Hiding and Seeking Assets During Divorce

Some people will do whatever to avoid discussing the amount of assets they have during divorce and start finding ways to conceal them. People might, for instance, provide money or property to family members or hide it in different sneaky methods.

These efforts to conceal assets are frequently exposed, which damages your credibility with the judge. For instance, in Michigan, if it is revealed throughout the divorce process that you have hidden assets from your spouse, you could lose 100% of those assets.

While Michigan courts will carefully review high asset divorce cases to ensure a fair settlement, a couple can take certain measures to protect their finances prior to a final ruling. You can try sifting through what assets are separate and what are marital assets.

There should be a logical process for doing an inventory of separate and marital assets. You have assets you have acquired prior to marriage. Assets that one spouse brought into the marriage or those that were inherited during the marriage are exceptions to the equitable asset allocation rule. These resources can be classified as personal or separate property and hence not subject to equal sharing.

It is best not to be moving or disposing of assets at this time. 

There are some things that should never be done in high asset divorces. For instance, altering the beneficiary information for an account or spending a lot of money quickly could have unfavorable effects. Maintain standard transaction levels to make navigating the procedure much easier.

Before getting a divorce, avoid trying to sell a second home or changing the ownership of any assets significantly. This just complicates the situation and fuels disputes between the parties.

Selling the house and dividing the proceeds equally is the simplest way to handle asset division. If you wish to keep the house, you can pay your spouse what their share of the property is worth, but you should first carefully estimate its value.

Prenuptial Agreements Aren’t Ironclad in Michigan

A prenuptial agreement, which specifies the assets and alimony the other spouse will receive in a divorce, is a widespread practice. It seems simple enough, but in order to eliminate any potential problems, it is crucial to have an attorney carefully evaluate the agreement.

Prenuptial agreements are enforceable in Michigan if they are reasonable, fair, and equitable. Both parties must have voluntarily entered into the agreement for it to be enforceable.

Both parties must have legal counsel who can attest to the agreement’s legitimacy in the case of a legal dispute in order for the agreement to be upheld by the courts. This can occasionally be a source of conflict in high net worth divorces. 

Sometimes the higher-earning spouse hires an attorney to design the agreement, leaving the other side unrepresented when they sign, which can be problematic if there is ever a disagreement.

The general public has to be aware of one very crucial fact regarding prenuptial agreements. Prenuptial agreements are not set in stone in Michigan. The courts in Michigan will always make an effort to ensure that their decisions are in line with the wishes of the parties.

The legitimacy of a prenuptial agreement is always left up to the court’s discretion, which it will always exercise fairly. A prenuptial agreement that is fully legal may be declared unfair by the court in several situations. It may therefore enter the property covered by the prenuptial agreement.

A prenuptial agreement, also known as an “antenuptial agreement” in Michigan, is a document enabling future spouses to stipulate how particular issues, such property distribution and alimony, will be resolved in the event of a divorce.

If the situation has changed to the point where it would be unfair to enforce the agreement, the court may decide to reject it. The agreement is not unenforceable just because it gives one spouse a considerably larger share of the marital estate. 

Even though the prenuptial agreement forbids it, the court may order the other spouse to pay alimony in the event, for instance, that one spouse got disabled during the marriage and is no longer able to work. Typically, a judge must discover that type of severe situation in order to declare an agreement unenforceable owing to unfairness.

A prenuptial agreement will only be upheld by a court after a marriage has been declared null and void if it is required to prevent injustice.

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When it comes to decisions on parenting time and child custody, each parent is assumed to have reasonable judgment. The choosing of babysitters falls under this. There is no law that specifically spells out how to do it.

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Do I have a right to find out who is watching my child? That question is legitimate from a parent’s perspective, but it also shows a desire to control the other parent’s parenting time and custody arrangements. The chances are slim that the court will agree with you on that point. You can always speak to your ex about these things, just like you would with any nice and responsible person. Find out more if your ex rejects you out of pure annoyance or out of spite, but do not insist on getting what you want.

If you have evidence that is credible, hire a private investigator before speaking with your lawyer. When your motions are supported by evidence, the court will be more sympathetic, especially if there is a chance that your child’s best interests could be jeopardized.

There’s A Reason Why There Are Guidelines

The state of Michigan, through the State Court Administrative Office published the Michigan Parenting Time Guideline. This guideline covers so many of the challenges of parents trying to get us much from their parenting schedule. 

The guideline starts off by emphasizing the need for parents to behave properly when they are in the presence of their children during parenting time. It also emphasizes the need to really communicate.

Here’s some things the parenting time guideline recommends to parents:

[1] Treat the other parent with respect.

[2] Pay attention to the child’s requirements.

[3] Encourage your children to have a healthy relationship with the other parent.

[4] Promote regular phone or video chats, text messages, or emails between the child and the other parent.

[5] Maintain a regular parenting time schedule.

[6] Prepare the child for pick-up and drop-off during parenting time.

[7] Permit the child to bring necessary objects to the parenting session (e.g., clothes, blankets, toys, sports equipment).

[8] Ensure that after parenting time, the child brings back any necessary belongings.

[9] Establish consistency for the child’s meals, schoolwork, sleep, and discipline with the co-parent.

[10] Promote interactions between the child and the family of the other parent (for example, stepparents, step siblings, grandparents, aunts, and uncles).

[11] Encourage the child to take part in the family celebrations of the other parent.

[12] Request the child’s presence from the other parent as soon as possible for any special occasions that might conflict with their shared parenting time.

[13] Make an effort to plan your vacations around your usual parenting hours.

[14] Share the dates, places, and return times of your vacation with the other parent.

[15] When arranging trips or other extended parenting time, take the child’s activities, such as sporting tournaments, into account.

[16] Ensure that the child is in a safe environment.

Just as the guideline encourages certain behavior for parents, it is also very important to remember what behavior or action is not recommended in the presence of children:

[1] Challenge the other parent in an argument while the child is nearby or present.

[2] Speak poorly about the other parent’s family or the other parent’s partner.

[3] Make inquiries about the other parent’s life from the child.

[4] Make unattainable promises.

[5] Use the child as a conduit for communication.

[6] Make an effort to sabotage the child’s relationship with the other parent.

[7] Drink too much alcohol or use other drugs that impair judgment before or during parenting time.

[8] Use parenting time erratically.

[9] regularly arrive late for parenting time.

[10] Leave the child at a different time without consulting the other parent.

The development of the young child’s emotions and the bond the youngster has with both parents, depend on the parents’ ability to communicate effectively. Parents should speak to one another on the needs of the child rather than their feelings for one another. It’s crucial parents resist the urge to let their personal and emotional animosity against each other sabotage their co-parenting arrangement.

Do I have a right to be informed of my child’s whereabouts when I visit?

Yes, if your custody agreement stipulates parents must give their child’s whereabouts during visits. The order is broken if a parent refuses to disclose where their child is.

You and your ex could revise your parenting plan mutually, or if one parent doesn’t want to include it, you might ask the court to add it to an existing order.

The other parent does not have to let you know where your child is when they visit if there is no custody agreement in place. They may be able to lawfully remove the child from the state or the nation without your consent in specific circumstances.

The best approach is still keeping an open line with the parent. If you believe you really need to know the whereabouts of your child, have a talk with your attorney to find a way to include that in the custody agreement.

Your compromise might be to find a common babysitter or a daycare facility. Just remember that in Michigan, daycare facilities are required by law to conform to certain standards and must be licensed.

A friend or neighbor is exempt from regulation if they watch a youngster for free. People who run daycare centers without acquiring the appropriate license are an issue in Michigan and other States, with or without this statute in place. Parents should use these facilities with prudence and caution. Many unlicensed day care centers have safety and supervision issues that put children at risk since they are not subject to State control or inspections.

What can I do to find where my child is?

While your child is seeing the other parent, you can get in touch with them, but unless you have a court order requiring them to, they aren’t required to let you know where they are.

Parents occasionally phone the police, but this is not advised. It could strain the bond between the parents and make the youngster feel insecure since they might think something is wrong. You must avoid any action or behavior straining your ability to relate to the other parent because it not only affects your ability to see your child, it affects the general well-being of the child during visits and after.

If you’re a bit techie, you might be tempted to put a GPS tracker on your ex’s car or person to keep track of your child. A word of caution: There is actually a law prohibiting anyone from putting or installing a tracking device on a motor vehicle without the consent or knowledge of the owner, operator or the lessee of the motor vehicle. Putting a tracker on someone’s vehicle is currently classified as a misdemeanor in Michigan.

Instead, make an effort to speak with the other parent about the reasons it’s crucial for both of you to be aware of the child’s whereabouts during your separate visitation times (e.g., in case of an emergency).

If parents are verbally abusive or narcissistic, reaching out to them personally might not be an option. Consider going to court if the parent is unwilling to cooperate. Talk to your attorney to come up with a mechanism to integrate that into a parenting plan.

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Can my significant other pick up my child for visitation if he or she offered to pick him or her up from my ex’s house during parenting time but I’m unable to attend because of some circumstance? Will my ex-partner be able to decline? Both parents must prioritize quality time with their children.

They must obey the directive in this case. The parent is free to decide how to ensure compliance in specifics. It is assumed both parents have the intelligence, wisdom, and maturity to exercise judgment in making decisions about who to ask to assist them in adhering to the parenting time order.

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Your ex-spouse needs to keep in mind she will have to defend herself in court if you are unable to uphold your half of the parenting time agreement. The only exception is if you provide justifiable reasons for not complying, such as sending your drunk girlfriend and expecting her to be driving your child..

It is very likely one of the parties will date new persons at some point after their breakup. When that occurs, another person is drawn into the parental custody arrangement’s sphere of influence. When children are involved, this can be a sensitive and contentious issue.

The Responsible and Competent Adult You Are

There are often General Terms and Conditions in Standard Visitation Orders that specify who may be present when a child is picked up or dropped off. This clause often indicates either parent may choose a responsible adult to pick up and drop off the child as needed; another responsible adult shall also be present when the child is actually being picked up or being dropped off.

A new boyfriend or girlfriend will typically qualify as a “competent adult” unless they have a significant criminal history for violent offenses, drug offenses, have a protective order or a thick record of protective orders, or are a registered sex felon. This means if a new boyfriend or girlfriend, new husband or wife, is there for pickup or drop off they are presumed to be generally safe. 

Most minor offenses won’t be enough to bar your new boyfriend or girlfriend from picking you up and dropping you off. To find out the intricacies of your case and what should concern the judges who might hear it, speak with an attorney.

A word of caution: It’s ideal not to delegate communication with the kids to your new wife, girlfriend, husband, or boyfriend. Parental concerns regarding the children’s extracurricular activities or academic performance should be addressed directly. The parents themselves should be in charge of handling any requests for modifications and specifics on the visitation schedule. It is asking for trouble to let a new partner discuss these issues with the other parent. 

Judges prefer the parents, not new partners, to handle communications with the children. It will reflect poorly on you in the future if you let your partner handle these conversations because you “just can’t have a decent talk” with the other parent.

Everyone has a stake in finding a means to communicate for the sake of the kids. Before you give up, consider attending one of the many brief counseling workshops, using the online communication tools, or choosing another course of action. Try these choices, and you might be able to avoid going to court altogether or be in a better position for your subsequent court hearing. 

Reach out to a local attorney about your choices if the other parent is being genuinely unreasonable and demanding despite all of your attempts to have a sensible dialogue regarding the children. If the other parent is actually misbehaving, there are things you can do to rectify that.

That New Person Can Make Things Complicated For Everyone

Whenever introducing new persons into their children’s life, parents should exercise caution. It is disruptive and detrimental for children to be hurriedly introduced to and forced to form bonds with a new partner who later quits the parent’s life. 

Having a girlfriend or boyfriend could impede a swift or amicable divorce if you and your soon-to-be ex-spouse are already living apart and the process is ongoing. Even if the spouse who committed the infidelity that ended the marriage is no longer present, a relationship with a new person could taint decisions about property division and child custody.

A Michigan divorce court may assume if you’re dating while your divorce is ongoing that you are not sufficiently concerned about the welfare of your kids or you are not spending enough time with them during a critical period in their lives.

If your spouse asserts explaining divorce to the kids would be challenging enough without the presence of a third party, don’t be shocked. Such an accusation contains at least some grain of truth.

Even if your divorce is initially “amicable,” any detail or conduct involving your children or the marital home could cause conflict and be used as evidence against you later on.

A parent’s poor judgment may result in the loss of custody or parenting time in the case of a third-party live-in individual who the judge deems to be potentially hazardous. The utmost caution should be used. You need an experienced family law attorney on your side if the appearance of a new romantic partner sparks litigation jeopardizing your parenting rights.

When Dating You Are, Consequences You Face

A new relationship can change your priorities and the court may rightly assume the same. Such changes in priorities can not bode well when the court reviews your current relationship and dynamics with your children. The court may assume you are not putting your children first and above your new relationship. This may affect determination during child custody proceedings.

Relationships can reveal how judges and others may view a person’s moral character. Dating may jeopardize your custody claims. For instance, it can be assumed you are being overly self-centered by dating openly at the early onset of divorce. The dating parent could come out as uncaring because the children’s best interests always take first priority in custody disputes.

Michigan does not mandate a 50/50 division of the marital estate, in contrast to certain other states. The distribution of marital assets may be modified by the court depending on the conduct and personalities of the divorcing spouses since state law only mandates a “equitable” and fair division.

This is where your dating another will get factored in. The court might decide to do a 70/30, a 60/40 or 65/35 and none of the big chunk is going your way because you don’t seem to care about your children anyway and you have new priorities.

A Michigan divorce court may give the innocent spouse a higher portion of the marital assets and alimony (officially referred to as “spousal support”) if infidelity is one of the reasons you are divorcing.

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Throughout your marriage, you get insurance to make sure your wife and children will be provided for financially in the case of your passing. What if your ex is the life insurance beneficiary? Your wife becomes your ex if you get divorced. She no longer qualifies as a beneficiary of your life insurance following your death by operation of law. You must re-designate your ex as a beneficiary as soon as your divorce is final if you still want them to receive your life insurance proceeds.

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Married people typically identify their spouse as the policy’s beneficiary when they purchase life insurance. But what happens if a couple like that gets divorced? Once the divorce is finalized, the spouse who owns the life insurance policy will frequently simply change the terms of the policy to name someone else (perhaps a child or parent) as the new beneficiary. Although this is a very simple process, if a couple’s divorce settlement includes stipulations about life insurance issues, things could become a little more complicated.

Along with your kids, your spouse has to be taken care of. To have money on hand in the case of your death is the entire purpose of the insurance. If insurance benefit claims go through probate only because your policy suddenly names a nonexistent spouse beneficiary, it will be a waste of time and money.

On who receives life insurance after divorce, there is no set rule. When it comes time to pay the life insurance payout, variables such as the type of policy, the state where the policy was issued, the location where the couple resided, and the language in the divorce order will be taken into consideration.

What Prevails When A Beneficiary Spouse Becomes An Ex Spouse

What law governs is the main point of the divorce case with life insurance issue.

First, it must be decided if federal law or state law applies to the insurance coverage. A former spouse automatically loses their designation as a beneficiary on life insurance plans, according to legislation that has been passed in several jurisdictions. The designations of ex-spouses preserved by federal law are not subject to automatic revocation. 

Second, a divorce judgment must be examined to see if it qualifies as a qualified domestic relations order. The circumstances behind the beneficiary change in beneficiary dispute cases must also be looked into to make sure there was no fraud or undue influence. To correctly manage conflicting claims, all these prior actions must be taken.

There may be a clause in a divorce settlement (usually known as a “Judgment of Divorce” in Michigan) mandating one spouse to give life insurance to the other for a predetermined amount of time following the divorce’s conclusion. Such a clause is occasionally inserted by Michigan’s family law judges to guarantee child and/or spousal support in the event that the paying spouse passes away too soon.

Can a Named Beneficiary Override a Divorce Decree?

No and yes. Only in circumstances where the divorce decree (often a state court decision) is not precluded by regulations governing the life insurance policy itself may a divorce decree override a beneficiary designation in a life insurance policy. Contradictory state law documents, such as divorce decrees, may not prevail over certain federal laws governing federal life insurance plans.

What Happens To The Payout For The Ex Beneficiary

The designation of a spouse in a life insurance contract is immediately revoked upon divorce under Michigan law, MCL 552.101, which is a common “revocation upon divorce” statute. A spouse’s desire to no longer name his or her ex-spouse as a beneficiary on any life insurance plans is the legislative presumption built into the law.

Michigan’s “revocation upon divorce” provision has been upheld by Michigan courts. Even if a spouse is still listed as the beneficiary on a life insurance policy, it is against the law for an ex-spouse to receive the payout.

This does not prevent an ex-spouse from receiving benefits; however, after the divorce, this beneficiary designation must be explicitly reaffirmed.

A law known as MCL 700.2807 also protects the payout. This law revokes not just your ex-spouse as a beneficiary but also any members of the ex-spouse’s family listed on the policy as beneficiaries. Evidently, because it occurred frequently, the Michigan Legislature took the necessary action to take care of itself following divorce.

You should be aware this law does not apply to financial accounts if the ex-spouse is listed as the beneficiary after the divorce.

In order to ensure support payments, a divorce decree frequently stipulates that the owner of a life insurance policy must continue to name the ex-spouse as the beneficiary. In these situations, the divorce decision mandates the policyholder keep the beneficiary designation in place for this reason.

In Michigan, the divorce judgment actually includes the designation of a beneficiary for your life insurance policy. This indicates that your spouse will not be the beneficiary of your life insurance as indicated in your final court judgment (known as a Judgment of Divorce). 

You’ll need to re-designate your ex as the beneficiary once your divorce is final if, for some reason, you decide you genuinely want your ex to continue to be your beneficiary after the divorce.

However, your attorney can include a very specific clause in the final divorce order to ensure that your life insurance policy would be utilized to pay child support or alimony payments after your divorce is finalized and in the event of your death. 

If you have kids and your ex depends on your child support payments to cover their daily living costs, removing them from the beneficiary list could put them and your kids in serious financial trouble if you pass away suddenly.

What About Your Next Spouse?

Be careful to speak with your attorney about this crucial matter as your divorce proceedings near their completion. Don’t leave your family in the dark about your motivations when you got divorced or passed away.

You might not die but instead get married.

When people get married and start working, they frequently designate their spouses as the beneficiaries of the life insurance supplied by their employers, as well as of their 401(k), 403(b), IRA, and bank accounts.

Years later, they might get divorced and forget to take their ex-spouse out of the beneficiary designation on these financial instruments, which might be disastrous for any future spouses or your kids.

What should your present spouse do if you pass away and your ex-spouse is notified that they are the beneficiaries of your life insurance, 401(k), IRA, or bank account over the phone?

Fortunately, if you had a good attorney, the Judgment of Divorce should contain a clause that immediately revokes your ex-status spouse’s as a beneficiary. Your new spouse merely needs to refer to the Judgment of Divorce to remedy the situation. To prevent any funds from being disbursed, this must be done right away.

If You Survive Death and Divorce, Remember This

Life insurance issues are a crucial element of the divorce process. For couples going through a divorce who have children, this is especially true. The financial interests of both parties and their dependent children are safeguarded by maintaining proper life insurance. 

Making the necessary beneficiary changes, taking into account the cash value of whole or universal life insurance policies, safeguarding alimony and child support income, and, most significantly, making sure that any affected children are always financially safeguarded are all part of this procedure.

Some other things to remember about divorce and life insurance:

[a] Beneficiaries and policy owners should be updated in the event of a divorce to reflect 

the marital status change and its effects.

[b] Although the cash value of a permanent policy may be seen as a marital asset, term life insurance is frequently regarded as a separate asset.

[c] Determine the policy’s cash value, if any, and how to divide it, if necessary.

[d] Maintain a policy on your ex with a benefit amount high enough to replace child support or alimony if you have primary custody of your children, at least until the final child reaches adulthood.

[e] It is a good idea to get life insurance on yourself if you end up being a single parent.

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A typical family is one in which the parents are wed and have kids. Both parents are assumed to share custody in the event of a custody dispute. What if neither parent is wed yet is listed on the birth certificate? Although the woman is presumed to have custody by the court, the father’s parental rights are still valid. 

Fathers may be granted custody or parenting time. To obtain it, the father only needs to activate it. If parents are not married, paternity is not recognized. A process exists allowing a father to exercise his paternity rights and go through the procedure.

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The laws governing child custody, parenting time, and child support change slightly for single couples compared to married ones. If you have a child with someone you are not married to or if you are married with a child and considering divorce, it is crucial to be aware of these disparities. What if both parents are on the birth certificate but they’re not married.

In Michigan, the birth certificate, which serves as the child’s official record of birth, is often created in the hospital where the infant is delivered. It is not used to prove paternity.

[a] If the woman is married at the time of conception or delivery, her husband’s name will be shown as the child’s father on the birth certificate.

[b] If the mother is not married at the time of conception, the baby’s birth, or if the mother has never been married, paternity must first be established before the father’s name can be inscribed on the face of the birth certificate.

Unmarried parents should be aware of three things about Michigan’s paternity laws.

• Why It’s Important to Prove Your Child’s Legal Paternity
• When parents are not married, how do you prove legal paternity in Michigan?
• How to Draft Parenting Time and Child Support Agreements in Michigan that Are Legally Binding

Primary Custody and Paternity

Unmarried parents are subject to slightly different child custody regulations. For instance, regardless of paternity or whether an Affidavit of Parentage exists, the mother will continue to have primary custody of the kid unless a custody order is obtained by the father.

In other words, unless the mother consents or the father initiates a paternity suit and wins the legal battle, he will not be granted visitation rights.

The legislation stipulates support for a child must come from both biological parents. The Michigan Child Support Formula is used to determine how much child support is given. This formula takes a number of things into account. This support are but not limited to the following:

• health protection
• income ranges
• the number of kids
• parenting and education

In other words, whether a person is married or related to the other parent, if they are the child’s biological parent, they must support the child. A paternity test is necessary to determine whether or not someone is a biological parent if it is unclear.

The rights listed below are given up by fathers who sign an Affidavit of Parentage:

• The option to undergo genetic or blood tests to establish his paternity.
• The right to have a lawyer who has been assigned by the court represents him when a judge decides if he is the biological father.
• A trial to discover whether he is the biological father.

These are highly significant rights, and before signing the affidavit, the father must fully comprehend them and feel confident to waive them.

Child Custody and Parenting Time Requires Paternity

The mother is granted primary custody of the child by the affidavit of parentage; the father is not given visitation rights. The father must file a custody case with the relevant Court in order to assert his rights to custody and parenting time. An enforceable court order pertaining to child support, custody, and parenting time is known as an Order of Filiation and was filed with the court. To enforce his rights to custody and parenting time, a father needs this order or something comparable.

The Affidavit of Parentage has certain clear advantages. The signature of the father certifies his paternity for the child. He can exercise his rights to custody and parenting time by having his name added to the child’s birth certificate.

By choosing not to sign an Affidavit of Parentage, a father does not get rid of his need to pay child support. If a father refuses to admit he is the child’s father, he will not be forced to pay support. However, the mother or the State of Michigan may file a child support lawsuit first. A mother might start her own legal action to prove paternity and ask for a child support ruling.

According to Michigan law, the father of a child born outside of wedlock has the option to file two distinct documents in order to safeguard his parental rights if he and the child’s mother are unable to reach an agreement over the child’s parentage.

He may start by submitting a “Notice of Intent to Claim Paternity.” If the father is concerned that the child may be given up for adoption, it may be extremely crucial to submit this before the baby is born. In addition, a father has the choice to wait until after the baby is delivered before bringing a paternity case before the Circuit Court. A court order can be issued following the filing of the paternity action requiring the mother, father, and the minor child to come for testing if a DNA test is necessary.

Custody Arrangements and Parenting Agreements: The Ties That Bind

While it is true that previously mothers were most often granted custody, circumstances are changing, and legally recognized dads now have the ability to file proceedings seeking sole or joint custody of their children as well as actions requesting visitation (officially known as “parenting time”).

Unmarried fathers are now more successful than ever in their pursuit of joint or exclusive physical custody, or at the very least, orders permit them to spend meaningful time with their children.

After establishing paternity, a father will need to take additional legal steps to get a new parenting arrangement. But, bear in mind that if the child’s mother is married to another man, that man will already be presumed to be the child’s legal father, making it extremely challenging for a biological father to establish paternity and win custody rights.

When determining custody arrangements, the courts are required to act in the children’s best interests. However, courts also acknowledge it is not always in the children’s best interests to continue to live with their mother.

The easiest scenario for a custody settlement is for both parents to concur. As long as a custody arrangement is in the child’s best interest, courts will often approve it.

If a child custody arrangement cannot be reached by both parents, the court will decide for them. The court will make decisions on visitation, legal custody, and physical custody. This basically means determining which parent the child will reside with and when a parent without physical custody will have time with the child. 

The court may give one parent sole custody or give both parents joint custody.

Before the child is even born, every father needs to be proactive and have a plan in place to enforce his parental rights. An unmarried father can overcome his legal difficulties and concentrate on enjoying fatherhood by receiving legal advice, being aware of his rights, and having a plan in place.

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Both parents should spend as much time as possible with their children in a happy marriage. It’s not even fair to ask about how frequently a father should visit his child. Children already experience confusion and stress as they adjust to a divorced life. Both parents must let the other parent see their children. Parenting time should not be restricted by any of the parents. 

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The current focus in Michigan is on assisting the children in adjusting to a divorce situation when parents frequently interact in separate residences.

In a divorce, custody dispute, or other family court issue, a custody and parenting time order may be made. Parenting time and custody have a significant impact on your children’s living arrangements, frequency of visits with each parent, and decision-making for them.

The only people who can be granted custody and parenting time are legal parents. Legal parentage is conferred upon the individual who gives birth to the child. If you are married to the parent who gives birth, you are the child’s other legal parent by default in Michigan. Even if you are not the biological father of the child, this is still true.

Until you take specific actions to prove your paternity, even if you are the child’s biological father but you’re not married to the mother at the time of the child’s birth or conception, your paternity claim won’t hold water.

The Truth About Child Custody 

Legal and physical custody are the two sorts. Legal custody entails having the authority to decide on issues significant to your children, such as their education, their religion (if any), and their main medical care. Living arrangements for the children are referred to as physical custody.

Sole custody indicates that just one parent has custody; joint custody means both parents share custody.  When parents have joint legal custody of their children, they must come to key choices together. Children who have joint physical custody spend some time with each parent.

Early on in the case, the Friend of the Court will decide on the initial custody arrangement. Based on the information received from each parent, the Friend of the Court will make a recommendation. The right to oppose this recommendation and to convince the judge that a different order or recommendation should be made is then available to each party.

A child custody arrangement can also be reached through negotiation between the parties; if the judge determines that it is in the children’s best interests, the judge will approve it.

If there has been a change in circumstances or there is good cause, child custody might be changed. The change must be for the children’s best interests. It is incumbent on the party requesting the modification to provide proof that a change has taken place, that a valid reason exists, and that the proposed change is in the children’s best interests.

You must convince the court you can handle the time and you sincerely want to raise your children if you want to be granted extended parenting time. Get as involved with your children as you can before your custody hearing, and keep detailed records of everything you do. Stick to a schedule that works for you and your children.

Even if you disagree with a court order, you must obey it. Assemble your proof and witnesses. Present this evidence to the judge in court. Demonstrate why spending as much time with you as feasible is in the children’s best interests.

The Truth About Parenting Time

In Michigan, the time a child spends with each parent when they do not share a residence is referred to as parenting time. When one party is granted sole physical custody, that parent often receives more parenting time or time with the child than the other parent. Even though it is not a requirement, parenting time is frequently equal or nearly equal when parties share physical custody.

Instead of having parenting time supplied for specific days and times, “reasonable parenting time” allows parents to arrange parenting time as they go without a predetermined schedule. If there is a disagreement about what constitutes adequate parenting time, you must ask the judge to rule on the matter in a motion.

There is a schedule in place if you are given certain parenting time. If conversing with the other parent of your child is something you feel comfortable doing, you might be able to reach an agreement on a parenting time schedule. If the two of you are unable to agree, the court might instead set a timeline.

The relationship between the infant and both parents is crucial to the development of the child. Parents should take into account a schedule allowing the infant frequent contact with both parents because infants have limited memory spans. Frequent parenting time of several hours a couple of days each week may be more suitable initially, in cases when a parent is unsure of how to provide basic care for the baby or feels uncomfortable doing so. All parenting time should be regular and cause the baby’s routine as little disruption as possible.

Raising a child in two different households can be very difficult, especially when dealing with stepfamily members and conveying changes in the child’s life. It can also exacerbate discrepancies in parenting and disciplinary methods. A parenting time schedule aids in providing stability and predictability for both parents and children. 

Additionally, it might give both parents the chance to actively engage with their child. Healthy parent-child interactions can promote a child’s growth, academic success, and general mental wellness.

Parenting time typically functions best when parents can come to an agreement on a timetable that is in the best interests of the child. The most painful experience of their childhood is frequently cited by adult children of separated parents as losing contact with a parent or witnessing conflict between their parents or other caregivers.

In addition to the schedule, a parenting time plan addresses other details including how to communicate schedule changes, how to move the child’s clothes or toys back and forth, and more.

The State Court Administrative Office of Michigan published The Parenting Time Guideline in February 2021 and updated it just recently in March 2022.

The Parenting Time Guideline is aimed at parents, although judges, court personnel, mediators, lawyers, and other professionals involved in parenting time conflicts may also use it. 

How Many Times A Week Is Good Parenting Time

If you’re a typical worker in the U.S. you’re probably working 12 to 16 hours a day. If you add an average of 6 to 7 hours of sleep you’re basically doing everything else an average of 3 to 4 hours a day on weekdays. Just leaves you most of the weekend to see your kids. If you’re taking parenting time seriously, you really just have weekends and 3 to 4 hours a day for your kids. It’s basically eating time or taking them to school or getting them home on weekdays.

Like what the science says, your child will need an average of 9 to 11 hours of sleep in a normal household, whatever that means today. In Michigan, according to the State Education Practices, your child will spend 6 hours of school work excluding lunch and recess on school days. So where does that leave you in terms of juggling your 3 to 4 hours a day supposedly for your parenting time?

Whatever you do, however good you are at parenting (or bad), you really just have 24 hours a day to work on it. In real terms you have at most 3 hours a day unless you’re the custodial parent and you’re working from home.

Amazingly, both the parents and the children have an identical number of hours for carefree time or playtime. It’s 3 to 4 hours a day, not counting weekends.

There is no parenting course in college nor in high school. Nobody ever took a bachelor’s degree just to get married or be a parent. You need a guide. Maybe a course or some similar training. We can’t recommend specifically what course or if there’s even such a course or curriculum. What we are sure of is The Parenting Time Guide published by the State Court Administrative Office of Michigan provides suggested guides and framework for parenting time.

It’s not a question now of how many times a week but the quality of every moment you spend with your kids. The state or the court will probably impose more time if it was possible. The court also understands you need to make ends meet because you have child support to worry about. Get all the help available to create the highest quality encounter with your children. There are electronic calendars and software to plan parenting time. There are suggested templates in the Parenting Time Guideline published by the state of Michigan.

Everyday parenting time is great but the more practical approach is to negotiate weekends and holidays. Most of the parenting time plans are mostly based on those.

It’s not how much time you can put in but how much you can make use of.

A father will have to make do with what available time he has. He needs to make each of those spare 3 to 4 hours a day count or come up with great weekend and holiday moments. It won’t really work if you’re not collaborating with your ex in the parenting schedule.

There’s many ways to go about it but the first step is work on your parenting time plan. Work with your attorney in seeing to it your parenting time plan gets integrated into the parenting time order.

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Divorce proceedings can be either contested or uncontested. The divorce process takes into account whether a marriage had children or not. So how does a Michigan uncontested divorce with children work? Regardless of whether a divorce is contentious or not, the procedure remains the same. 

Click here to watch the video on How An Uncontested Divorce With Children Works In Michigan

You and your spouse must agree on parenting time, child custody, child and spousal support in order for your divorce to be uncontested. Since no party is objecting to any party’s proposal, you are in complete agreement on those matters. In every divorce settlement, the most difficult issues are usually those involving property distribution, parenting time, child custody, and spousal support.

The Truth About Divorce With Children

You’ve finally made up your mind and you’re going to start your path to ending your marriage.

Filing the complaint.

You are the Plaintiff in a divorce case, and your husband is the Defendant. When the Plaintiff serves a summons, a complaint, and other necessary papers to the court, the divorce case officially begins.

You must serve or mail copies of your completed paperwork to your spouse after you file it. Typically, service is performed by having someone hand deliver the documents to your spouse personally or by mailing to them via registered or certified mail.

The answer to the complaint.

If your partner wants to take part in the divorce proceedings, they must promptly serve you with a copy of their Answer after filing it with the court. If they were personally served with your Summons and Complaint for Divorce, their deadline is 21 days following receipt of the documents. They have 28 days to file and serve an answer whether they were served by mail or outside of Michigan.

The document known as the Answer addresses each section of your complaint for divorce. Your spouse should detail in the response which portions of your complaint they concur with and which aspects they find objectionable.

This is the part where you might want to think about speaking to an attorney if your spouse files an answer and you don’t agree on all of the key divorce issues.

Default and the default request.

If your spouse fails to submit an Answer by the deadline, you must submit a document called a Default Request and Entry, have the clerk sign it, and mail your spouse a copy.

The court will dismiss your divorce case if your spouse fails to timely file and serve an Answer and you fail to timely file a Default Request and Entry. To keep your divorce proceeding, the Default Request and Entry form must be submitted.

When you file the Default Request and Entry form and the clerk signs it, your spouse is “defaulted,” which means they are not allowed to participate in the divorce proceedings. They may have to ask the judge first to set aside the default, before the judge grants their request.

The divorce judgment.

You will be able to petition the judge to enter a divorce judgment with the terms you wish, without consulting your spouse, if your spouse defaults and they do not submit a request to set aside the default. This does not necessarily imply that the judge will accept your suggested judgment. 

Your divorce agreement must still be fair and legally binding. For instance, the custody plans must be in the children’s best interests and the property allocation must be equitable.

The waiting period. You might still want to reconsider.

A six-month waiting period is required if you and your spouse have children together before your divorce may be finalized. Even if you and your husband were already separated when you filed for divorce, the waiting period starts when you do. Your divorce may take longer than six months if you and your husband can’t agree on everything.

If you can convince the judge that it would be unusually difficult for you or your children to wait the full 180 days to finalize your divorce, the judge may reduce the waiting time. For more compelling reasons, the judge may potentially cut the waiting period short. The judge is not permitted to reduce the overall waiting period below 60 days.

You can’t wait. You want the waiting period to be shorter.

You must submit a motion if you want to request the judge decrease the waiting period. Fill in the Notice of Hearing and Motion, and Order forms. These are forms available in the local court.

Title your motion “Motion to Waive the Statutory Waiting Period” and describe in the body of the motion why there is an urgent need to stop the divorce before the end of the full waiting period due to unusual hardship or another reason.

Request a hearing date from the court clerk when you file your paperwork there. At least nine days prior to the date of your hearing, you must mail a copy of everything you file to your spouse. To prove you served your spouse with a copy of your motion, fill out the certificate of mailing section and submit it to the court. Bring the completed top portion of the order to the hearing.

You can try mediation.

During the waiting time, you can be advised to attend mediation to assist you and your spouse in settling the disputed matters in your case. Examples of these matters are property and debt division, child custody, etc.. A mediator is an impartial party who assists you and the other party in trying to reach a compromise. If you consent to mediation or if the judge requires it, you can be referred there. There can be a cost. A mediator might be a private or Friend of the Court mediator. If this is an uncontested divorce, ideally you should not be needing a mediator.

You can also try arbitration.

If there are aspects of your case that you and your spouse can’t agree on, you two may decide to proceed with arbitration. Arbitration is an optional procedure. This means that in order for arbitration to take place, all parties must consent to it and agree on the specific topic or issues the arbitrator will determine. For the arbitrator to hear and resolve their case, the parties must pay a fee. In an uncontested divorce, you also should not be needing an arbitrator.

You might reconsider and dismiss the divorce case.

If you can easily agree on supposedly contentious issues, you may want to hold off on divorce. You and your spouse can decide you don’t want to divorce while your divorce is still underway. You can file a Dismissal form without your spouse’s signature if you filed a complaint for divorce and your spouse didn’t respond or file a motion in the case. You can only file a dismissal if both you and your spouse sign it; otherwise, your spouse will have already filed an answer or motion in the case.

In summary, you have several paths to ending your marriage, you could settle your divorce in one of the following ways:

[1] If your spouse doesn’t submit an answer or take part in the case, a default judgment will be rendered.

[2] Through negotiated agreement, in which you and your spouse jointly determine the terms.

[3] Through a mediated settlement, in which you and your spouse consult with a mediator and make the arrangements

[4] Due to your inability to negotiate a compromise with your husband, a court will decide the case through a trial.

You can ask the court to sign a proposed Judgment of Divorce after a default, an agreement, or a trial. You and your ex-spouse will be required to follow the court’s orders regarding child custody, parenting time, child support, spousal support (alimony), and the distribution of your marital assets and debts once the judgment dissolves your union.

The Uncontested Divorce

You and your spouse must concur on all divorce-related matters in order to get an uncontested divorce. This covers potentially contentious problems like visitation and custody of your children, alimony, child support, the division of your marital assets and debts, tax matters, and any other matter relating to your marriage.

When you can resolve a dispute on your own, you frequently save money and time by avoiding the need for attorneys, traveling to court, and giving up control of the decision-making process.

Both spouses should already agree and collaborate on the following:

[1] Child custody.

[2] Parenting time.

[3] Child support.

[4] Spousal Support.

[5] Property division.

Always remember that if you don’t agree on any of the above, the court takes over. You won’t have much to say about the outcomes as the divorce process progresses. Do your due diligence because there are guidelines for each. Go through those guidelines together and find your common grounds. Your respective attorneys are all too familiar with the guidelines for each.

Put special focus on child custody, parenting time, and child support because there are a lot of things the court considers non negotiables. Check the guidelines on the best interests of the child and the established custodial environment (ECE). Instead of finding a work around, collaborate to ensure you can sustain them.

It will really take a savvy family law and divorce attorney to walk you through every phase of the divorce process, especially the most contentious processes such as spousal and child support, child custody, property division, and parenting time. Your attorney must see the divorce from both sides and come up with equitable agreements so contentions can be resolved out of court.

Using Michigan’s streamlined process known as a “summary proceeding for entry of consent judgment” allows you to file the divorce papers jointly with your spouse and skip some of the steps involved in the usual process of initiating a divorce case. This procedure is the easiest way to get an uncontested divorce when you and your spouse have a settlement agreement and are working together.

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In Michigan, is it possible to divorce quickly? Quick is a relative term in Michigan. Very brief marriages could be over quickly, while lengthy divorces might take longer due to the numerous issues that need to be resolved, including property distribution, parenting time, child custody, and spousal and child support. In Michigan, there is a statutory waiting period before filing for divorce, and it might not be as short as you think. 

Click here to watch the video on Can You Have A Quick Divorce In Michigan?

Every divorce has a different waiting period, depending on whether you have young children or not. Since there is no quicker method to get around the waiting time, you could choose to celebrate first and get married afterwards if you’re planning to get married sooner than what the waiting period can allow.

A Quick Browse of The Divorce Process in Michigan

The divorce procedure starts when one spouse files for divorce in the local Circuit Court where the parties reside with a summons and complaint. 

You have 91 days from the date of your original filing to serve the other party; there are several ways to do this. You can choose to have a police officer, a professional process server, a friend or relative, or even the mail serve you personally.

The filing fee for a divorce is paid in the local court.  Additionally, divorce petitions are also submitted to the court at this time. One of the parties must have lived in Michigan for six months and the county for ten days before filing, according to state law.

The other party must be served with the divorce documents after the petition or complaint is filed. The opposing party can be given a copy by a third party, or your spouse can acknowledge help in front of a notary public.

If you and your spouse are unable to reach an agreement on all matters, the court will determine who will receive what. This sometimes takes up to 30 days. In a contested divorce, this could be a long drawn out endeavor if the opposing parties are fighting over each of the elements of divorce such as child support, parenting time, spousal support, and division of marital assets.

You will file your final paperwork with the courts, and your divorce will be declared official once the final hearing has taken place or the waiting time has expired.

Depending on your situation, you might be able to hasten the divorce procedure.

The kind of divorce you’re having will have an impact on the duration of the whole divorce process.

So, What Kind of Divorce Are You Having?

In Michigan, there are typically two divorce options: contentious and uncontested. 

When a couple cannot come to an agreement on all or some of the matters pertaining to ending their marriage, a divorce is contested. The couples will eventually need to go to trial to have a court resolve the issues for them if they are unable to overcome their differences at some time during the formal divorce procedure.

In contrast, when you have an uncontested divorce, you and your husband have already settled the problems, so there is no need for a trial. An uncontested divorce will also be far less expensive and quicker than a traditional, contested divorce if you can come to that understanding before filing for divorce, or at least early in the process. This is due to the fact that you can avoid drawn-out and costly court fights over every dispute.

Many couples discover they can handle the uncontested divorce procedure on their own and frequently turn to a do-it-yourself approach rather than employing attorneys.

You and your spouse must agree on all relevant matters in order to be eligible for an uncontested divorce, including the following:

[a] The distribution of your assets and liabilities, including each spouse’s claim to retirement benefits and life insurance funds

[b] Whether one spouse will provide alimony (sometimes referred to as “spousal support” in Michigan), the amount and duration of the support, and

[c] All issues involving any minor children you may have, including coverage for health and dental insurance, visitation rights, child support, and child custody.

When you and your husband have a settlement agreement in place and are working collaboratively, this process is the easiest way to obtain an uncontested divorce. You can use Michigan’s streamlined procedure, known as a “summary proceeding for entry of consent judgment,” to file the divorce papers jointly with your husband and avoid some of the phases in the standard divorce process.

In Michigan, there is this simplified procedure, referred to as “summary proceeding for entry of consent judgment” allowed under Michigan Court Rule 3.223 (MCR 3.223 Summary Proceeding for Entry of Consent Judgment or Order).

As on April 1, 2019, this new rule allows for the filing of a joint petition with the court for a more family-friendly divorce procedure without designating either side as the Plaintiff or Defendant. According to the new court rules, a hearing may be arranged after at least 60 days have passed since the case was filed, at which both petitioners must appear and testify in order for the signed court documents to be admitted. 

Based on the facts of each case, the assigned Judge will evaluate each case separately to decide whether cases involving minor children must wait the required six months before proceeding or whether an order to waive this requirement may be authorized. The divorce may be granted in cases without minor children after 60 days.

How Long Is Quick Divorce?

In Michigan, there is a required waiting period after you petition for divorce before the court will set the hearing necessary to obtain your final divorce judgment. The minimal waiting is 60 days if neither you nor your spouse is the parent of any minor children. However, if you do have children, you would typically have to wait six months before getting a hearing.

You may ask the court to schedule the hearing after the 60-day minimum waiting period has elapsed if waiting that long would cause an unusual hardship or if you have another urgent need to finalize your divorce sooner than six months.

The Michigan statute governing the 60-day waiting period is MCL 552.9.(f). Additionally, the same provision of the law also outlines the six-month waiting time that is required when a minor child is involved.

You can generally get divorced pretty quickly after the waiting time has passed if you have an uncontested divorce we mentioned earlier, which means you and your spouse have reached an understanding regarding all of the legal matters involved in ending your marriage. How long it actually takes is primarily determined by how busy your local court is and how long it takes to arrange a hearing.

If your divorce is contentious, the procedure may take much longer. When divorcing couples disagree, it triggers a series of legal processes taking months to complete. Depending on whether they’re finally able to negotiate their differences or they have to go to trial, it’s not uncommon for a contested case to take a year or more to conclude.

The moment one of the two opposing parties officially files for divorce, the clock starts running.

However, for a divorce to move forward quickly, both parties must normally be prepared to cooperate in order to settle any pertinent issues. For instance, property division and spousal support are two frequent issues divorcing spouses must resolve even when there are no children involved. It can frequently be a very challenging and drawn-out process. Furthermore, parents usually take far longer to decide on child support and custody arrangements when children are involved. 

Therefore, while a divorce can be completed quite fast in theory, it usually entails more time to finish the entire procedure if you’re dealing with a contentious divorce. The only real path to a quick divorce is an uncontested one.

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When a relationship ends poorly, it’s not uncommon for the mother to keep the father in the dark about her pregnancy. He is not someone she wants in her life. Dad learns of the child’s existence years later and wants to be involved. How long does it take a father to prove his paternity? A year or three? Is there more? Due to the existence of the revocation of paternity rule, a father may decide against taking action.

Click here to watch the video on How Long Does A Father Have To Establish Paternity?

In the first three years of a child’s life, a father has the right to revoke fatherhood. Most responsible people choose to build a relationship and prove paternity. The father may bring a DP lawsuit or bring a motion to establish paternity through his counsel. Parental rights and parenting time are not subject to any time limits. The courts would favor establishing the parent-child relationship.

Revealing The Importance of Establishing Paternity

It’s critical for a child born to parents who are not married to establish a legal father. It grants the child the same privileges and rights as a child of married parents.

These privileges and advantages include:

Identity. Children should be familiar with both of their parents. The child gains a sense of identity as a result.

Family ties. A relationship with both parents is something that each child is entitled to. The child might learn about both sides of the family. The child will have a sense of belonging because of this.

Financial support.  State statutes require both parents to provide support for the children. Even if the parents don’t live together, they can still split the cost of raising the child. When both parents contribute financially, the chances of all of the children’s requirements being satisfied increase.

Benefits. A child is eligible for support from both parents. These may consist of:

[a] Inheritance rights

[b] Health and life insurance

[c] Social Security

[d] Pensions

[e] Veterans’ benefits

Benefits are crucial in the event that a parent passes away or becomes handicapped.

Medical information. If there are any health issues in the family, it can be crucial to understand both biological parents’ medical history.

The Truth About Paternity At Birth

The mother’s husband is the child’s legal father if the mother and father are already married at the time of the child’s birth or the woman becomes pregnant.

If the parents are not married, they must take some action to prove paternity. When parents are not married, there are two basic approaches to prove paternity:

[a] Parents who are not married can voluntarily establish paternity. This indicates that they consent to naming the child’s father; or

A child born to an unmarried mother can willingly have his paternity established by his parents. They can confirm the man is the biological father by signing a paper stating as much. Even if he is married to someone else, the man can still sign the document.

The Affidavit of Parentage or “affidavit,” is the formal name for this document.  It is also referred to as AOP. The Affidavit of Parentage is the DCH-0682 form.

They are the child’s legal parents if both unmarried parents sign the affidavit and it is witnessed or notarized by a qualified witness or notary. To prove paternity, no one needs to visit their local family court.

[b] Parents who are not married might seek their local family court to assist in proving paternity. Paternity testing involves using DNA.

After the baby is born, a DNA paternity test is conducted. Parents shouldn’t sign the affidavit if they are unsure of the biological father’s identity. Parents should speak with the Office of Child Support instead to request assistance with DNA paternity testing.

If a man is a child’s biological father, it can be determined by DNA paternity testing. A further step is required to make the man the legal father if the test reveals he is the biological father:

[c] If the parents go to their local family court, the judge will rule that the man is the child’s legitimate father.

What is the implication of signing the affidavit of parentage?

The affidavit is an official document. Parents acknowledge the following when they sign the affidavit:

[a] Unless the local family court or the parents reach a written agreement to the contrary, the mother has custody of the kid. When one parent is granted custody, the child will reside with that person.

[b] Either parent may submit a request for parenting time or custody at their local family court.

[c] If one parent wishes for the kid to be adopted by another person, the other parent will be informed.

[d] The child needs the support of both parents. Parents must abide by a court judgment for child support.

After the child is born, the parents can either sign the affidavit there or at a later date, any place. Parents must have a legitimate photo ID on them when they sign the affidavit. In addition, a qualified witness or notary public must sign the affidavit. The parent’s signatures and photo IDs will be verified by this individual.

If the affidavit is signed immediately after the child is born at the hospital, the original birth certificate will name both parents as the parents. The parents’ signatures can usually be witnessed by or notarized by hospital staff. The parents won’t be paying anything.

Parents must obtain a certified witness or notary to sign the affidavit if it is signed later. The hospital had already produced the birth certificate. Therefore, the parents will need to request the father’s name be added to the birth certificate from the state vital records office. To make this alteration to the birth certificate, parents must pay a fee.

Here is another important thing.  The parents by signing the affidavit of parentage waive the following rights:

[1]  Order a paternity DNA test.

[2]  Have a court-appointed attorney represent one or both of them in a paternity case.

[3]  Have the biological father’s identity determined at trial.

Your Window In Establishing Paternity

The establishment and revocation of paternity are subject to certain rules. You can avail of this rule first and foremost, within one year after the day the AOP was signed, or within three years of the child’s birth, whichever is later, a motion for revocation of paternity must be submitted.

The filing of extension for revocation of paternity can only be allowed under the following circumstances:

[a] Error in fact

[b] Newly obtained evidence that, with appropriate diligence, could not have been located sooner

[b] Fraud

[c] Misrepresentation or improper behavior, or

[d] Duress

If you suspect you have a claim for paternity, you can refer to the following laws in Michigan for making your case:

The Summary Support and Paternity Act

Under the Summary Support and Paternity Act, a Title IV-D Agency may submit a paternity action to the court. This enables the organization to identify a parent-child relationship and locate a source of financial support for children receiving public assistance. Once paternity has been confirmed, the court will order the father to pay support and may also award custody and parenting time.

The Michigan Paternity Act

In situations where the claimed father denies the parent-child relationship with a child, the Michigan Paternity Act outlines a process for establishing paternity. Legal action is therefore necessary to establish the foundation of the parent-child relationship. According to the Michigan Paternity Act, the plaintiff must file a paternity complaint stating the man she believes to be the child’s father and must claim whether the child was conceived under specific circumstances. The following people are eligible to bring a paternity suit under the Michigan Paternity Act: the mother, the parent of a child born outside of marriage, and the Department of Health and Human Services or DHHS.

The Acknowledgment of Parentage Act

The Acknowledgement of Parentage Act permits parties to prove paternity through written acknowledgment in cases when they are in agreement regarding the matter of paternity. An acknowledgment of paternity is signed by the mother and father and submitted to the state registrar. However, this is not the end of the process for a father seeking rights to custody and parenting time. According to the Affidavit of Parentage, the mother has custody of the child up until a court decides otherwise. Therefore, in order to obtain legally binding rights to custody and parenting time of that child, a father who has signed the Affidavit of Parentage must do so after filing a Complaint for Custody.

The Genetic Parentage Act

The Genetic Parentage Act also allows for the use of genetic testing to determine parentage. As a result, a DNA sample from the supposed father will be tested by an accredited laboratory, and if the results show a 99% or greater possibility of paternity, the person is recognized as the child’s father. Unmarried couples may opt to have the treatment, which is voluntary. If the issue of paternity is unresolved and no adoption proceedings have been initiated, couples who request the procedure under Title IV-D of the Social Security Act may also be able to establish paternity by genetic testing.

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