The Importance of Establishing Paternity
Michigan law presumes that a woman’s husband is the legal father of any child born or conceived during the marriage. This presumption was established as a matter of public policy to ensure that all children have a legal father and to preserve the sanctity of marriage. Therefore, under various interpretations of the Paternity Act by Michigan courts a punitive father (i.e. alleged biological father) could not file a paternity lawsuit to gain parental rights to a child born or conceived while the mother was married to another man. This strict application of the presumption sometimes resulted in some very sad and unfortunate situations. For example, in one prominent case the husband was held legally responsible to pay child support for a child he had never met (since he didn't even know his wife was pregnant during the divorce) and the biological father who had raised the child for three years was determined to have NO parental rights!
In an effort to ameliorate such a harsh outcome in all cases, the Michigan legislature repealed portions of the Paternity Act to allow punitive fathers some standing to pursue their parental rights. This new law went into effect on June 13, 2012. However, it is very limited. Under the new law a punitive father is generally restricted to filing a lawsuit to obtain custody only when: (1) he did not know or have reason to know that the mother was married at the time of conception, (2) the parties all acknowledge that the punitive father is the biological father or the presumed father lives apart from or does not support the child, and (3) the child is under three years old or the lawsuit is filed before June 6, 2013. A simplified analysis applies if the mother was married at the time of birth, but not at the time of conception. This means that a man in Michigan should be very cautious about knowingly entering into a relationship with a woman whose divorce is not finalized. Right or wrong, the law still heavily penalizes a man for having a relationship with a married woman.
Even if a punitive father knew the mother was married at the time of conception, he may still be able to acquire parental rights to his child. However, in most situations, the mother or the presumed father (i.e. husband) will have to initiate the paternity action or the court with jurisdiction over the divorce will have to make a finding that the child was not a product of the marriage. Under this circumstance the husband and mother could theoretically decide to raise the child together, effectively blocking the parental rights of the biological father.
Please be advised that this article is a broad generalization of the new law, which has yet to be challenged in court. If you are a punitive father, mother, or husband in this situation, please contact Heckler Law Office to analyze your legal rights under the specific facts of your case.
In an effort to ameliorate such a harsh outcome in all cases, the Michigan legislature repealed portions of the Paternity Act to allow punitive fathers some standing to pursue their parental rights. This new law went into effect on June 13, 2012. However, it is very limited. Under the new law a punitive father is generally restricted to filing a lawsuit to obtain custody only when: (1) he did not know or have reason to know that the mother was married at the time of conception, (2) the parties all acknowledge that the punitive father is the biological father or the presumed father lives apart from or does not support the child, and (3) the child is under three years old or the lawsuit is filed before June 6, 2013. A simplified analysis applies if the mother was married at the time of birth, but not at the time of conception. This means that a man in Michigan should be very cautious about knowingly entering into a relationship with a woman whose divorce is not finalized. Right or wrong, the law still heavily penalizes a man for having a relationship with a married woman.
Even if a punitive father knew the mother was married at the time of conception, he may still be able to acquire parental rights to his child. However, in most situations, the mother or the presumed father (i.e. husband) will have to initiate the paternity action or the court with jurisdiction over the divorce will have to make a finding that the child was not a product of the marriage. Under this circumstance the husband and mother could theoretically decide to raise the child together, effectively blocking the parental rights of the biological father.
Please be advised that this article is a broad generalization of the new law, which has yet to be challenged in court. If you are a punitive father, mother, or husband in this situation, please contact Heckler Law Office to analyze your legal rights under the specific facts of your case.
HECKLER LAW OFFICE - 915 N MICHIGAN AVE, SUITE 207, HOWELL, MI 48843 - (810) 599-2696