Checklist – Instructions for Motion to Determine Child Born Out of Wedlock (Mother)

These are step-by-step instructions to help you when you are filing a Motion to Determine Child Born Out of Wedlock. You can print the instructions and take them with you to use as a checklist. If you are filing a Complaint to Determine Child Born Out of Wedlock, use the Checklist – Instructions for Complaint to Determine Child Born Out of Wedlock (Mother).

Step 1: Prepare your forms and find out how you will file

Complete the Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare the following forms:

Motion by Mother to Determine Child Born Out of Wedlock
Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)
Motion to Join Defendant (Revocation of Paternity) (if needed)
Order Regarding Request to Determine Child Born Out of Wedlock
Order Regarding Motion for Extension of Time to File Action for Revocation of Paternity (if needed)
Order Regarding Motion to Join Defendant (if needed)
Order for Genetic Testing
Notice of Hearing
Proof of Service

The instructions below explain which forms you need for each step and how many copies to make.

Some of the steps later in this checklist may have slightly different information for you depending on how you will file with the court. Each court decides how it will accept documents for filing. Contact your court to find out which methods are available. Depending on your court, you may be able to file by:

In-person filing
E-filing using MiFILE
Mailing or dropping off documents
E-mail

You can find contact information for your court on the Courts & Agencies page of Michigan Legal Help.

MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-filing. To learn more, read What Is E-Filing?.

Step 2: Get a hearing date

You will need to get a hearing date for your motion(s). If you are filing a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity, and/or a Motion to Join Defendant, you can get one hearing date for both — the motions can be heard one after the other. If you need to file these motions, they must be heard before the hearing on your Motion to Determine Child Born Out of Wedlock. You might also be able to schedule the Motion to Determine Child Born Out of Wedlock for the same date.

If the only motion you need to file is the Motion by Mother to Determine Child Born Out of Wedlock, get a hearing date for this motion.

If you will be filing in person at the court, you can either call the court before filing to get a hearing date, or wait until you are at the court. If you call ahead of time to get a hearing date, fill out the Notice of Hearing with the information you get about the hearing date, time, location of hearing, and name of the judge or referee who will hear the motion(s). Below “for the following purpose,” write the name(s) of the motion(s) scheduled for that day. Check the boxes next to “The defendant is required to attend this hearing” and “The plaintiff is required to attend this hearing.” If you wait until you are at the court to get a hearing date, remember to fill out all copies of the Notice of Hearing.

If you are not filing in person (such as filing by MiFILE, e-mail, or mail), call the court clerk's office and ask how they would like the Notice of Hearing to be completed. They may give you a hearing date or choice of dates, or they may ask you to leave it blank for the court to assign a date later. If they give you a hearing date, fill out the Notice of Hearing with the information you get about the hearing date, time, location of hearing, and name of the judge or referee who will hear the motion. Below “for the following purpose,” write the name(s) of the motion(s) scheduled for that day. Check the boxes next to “The defendant is required to attend this hearing” and “The plaintiff is required to attend this hearing.”

Step 3: Get your fees waived (if you qualify)

It will cost at least $20 to file your forms. If you are unable to pay the filing fee, you can ask the court to waive it by filing a Fee Waiver Request.

If your fees have already been waived in your existing family case and there is no final judgment or order in your case yet, you don't have to file another Fee Waiver Request. If there is already a final order (not a temporary order) in your case, you will need a new Fee Waiver Request. You can use the Do-It-Yourself Fee Waiver tool to prepare the form.

The clerk of the court must automatically approve your fee waiver if any of these are true:

You receive public assistance based on having low income (examples: FAP, SNAP, Healthy Michigan, CHIP, ESO, FIP, TANF, WIC, SSI);
You are represented by a legal services program that receives funding from the Legal Services Corporation or the Michigan State Bar Foundation; or
You are represented by a law school clinic based on having low income.

If you do not fit into one of these three categories, a judge will review your Fee Waiver Request. The judge must waive your fees if you show that your gross household income is under 125% of the federal poverty level. If your gross household income is over 125% of the federal poverty level, but you show that paying fees would be a financial hardship for you, the judge must also waive your fees.

To learn more, read Fee Waivers in Court Cases.

Step 4: Sign your forms and get them notarized (if required)

Sign and date the Motion by Mother to Determine Child Born Out of Wedlock and, if needed, the Fee Waiver Request, Motion and Affidavit for Extension of Time to File Action, and/or Motion to Join Defendant. If you chose to sign electronically, this is already done. The electronic signature will look like this: /s/ Your Name.

If you are filing a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity, you must sign it in front of a court clerk or notary. A notary can usually be found at a bank or the court clerk's office.

Step 5: Make copies

After you sign your documents, make these copies:

Fee Waiver Request (if needed)—4 copies
Motion by Mother to Determine Child Born Out of Wedlock —5 copies
Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)—5 copies
Motion to Join Defendant (Revocation of Paternity) (if needed)—5 copies
Order Regarding Request to Determine Child Born Out of Wedlock—5 copies
Order Regarding Motion for Extension of Time to File Action for Revocation of Paternity (if needed)—5 copies
Order Regarding Motion to Join Defendant (if needed)—5 copies
Order for Genetic Testing—5 copies
Notice of Hearing—4 copies
Proof of Service—5 copies

In some counties the court clerk’s office will make the copies for you. You can call the clerk’s office ahead of time to ask whether you need to make your own copies.

If you are filing either by e-mail or using MiFILE, you will not need to make copies.

Step 6: File your forms with filing fee

Please note that completing the documents on Michigan Legal Help or LawHelp Interactive does not file anything with the court. Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically. To learn more about filing methods that may be available, read Step 1.

If you are filing in person or need contact information for the court, click on Courts & Agencies for the address and phone number of the court.

Pay the $20 filing fee or file a Fee Waiver Request along with:

Motion by Mother to Determine Child Born Out of Wedlock
Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)
Motion to Join Defendant (if needed)
Notice of Hearing

If you are filing in person at the court clerk's office, bring one copy of each of the proposed orders. Also bring the forms listed above with copies. If you did not already get a hearing date for your motion(s), remember to ask the clerk for a hearing date. Then fill out the Notice of Hearing and all copies.

Give the clerk all these forms and all copies. The clerk will keep the originals and one copy for the Friend of the Court. The clerk may also keep an extra copy for the judge. The clerk will return the copies the court doesn’t need.

Step 7: Serve the forms you filed

You must serve the legal father with a copy of everything you filed. If you are asking the court to join the biological father as a party, you must also serve them with copies. If the other party (or parties) have a lawyer, send the papers to the lawyer instead.

Serve one copy of each of the following forms, along with any attachments that you filed:

Motion by Mother to Determine Child Born Out of Wedlock
Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)
Motion to Join Defendant (if needed)
Notice of Hearing
Fee Waiver Request and the decision on your request (if you filed a Fee Waiver Request)

You must serve documents electronically if you can and if the other party has access to e-mail. If you or the other party can't do this electronically, or if you are not sure, you can serve by regular mail. If you serve by mail, send the papers to the other party’s last known address.

If you are using MiFILE to file documents electronically, your documents will be served electronically as long as the other party is also using MiFILE. If the other party is not using MiFILE, you will need to serve the documents by e-mail, if possible, or by regular mail if electronic options are not available.

Service must be completed at least 9 days before the hearing date if you serve by mail or at least 7 days before the hearing date if documents are served by personal delivery or through MiFILE. If you are serving through e-mail, the court rule is not clear about the timeline. To be on the safe side, complete service at least 9 days before the hearing date.

If you are serving documents by e-mail, keep the following rules in mind:

All documents must be in PDF format;
The e-mail subject line must include the name of the court, case name, case number, and the title of each document being sent;
If you e-mail a document at or before 11:59 p.m., it is considered served on that day. If you send the e-mail on a Saturday, Sunday, or legal holiday, it is considered served on the next business day;
Do not delete any e-mails you send to the other party, especially e-mails that served court documents. You must keep a record of sent items until a judgment or final order is entered and all appeals have been completed.

Step 8: Complete a Proof of Service and file it with the court clerk

If you served the papers by personal delivery, mail, or e-mail, complete a Proof of Service form prepared by the Do-It-Yourself Revoke Paternity Established by Marriage. Fill in the date when you served the papers, the name of the person or people you served, and the address or e-mail address where you sent or delivered the papers. Check the boxes next to the names of the papers you served. Then check the box showing how you served the papers.

File the completed Proof of Service. If you are filing in person at the court clerk's office, make two copies. Give the clerk the original Proof of Service and both copies. The clerk will file the original and one copy, and will return the other copy to you. Keep the copy for your records.

If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.

Step 9: Go to the motion hearing

These are brief instructions about attending your court hearing. For more detailed instructions about going to court, watch the Going to Court video.

Go to the court on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Go to the courtroom clerk and tell the clerk your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.

If you are not asking the judge for a time extension to file or to join the biological father as a party, bring:

Motion by Mother to Determine Child Born Out of Wedlock
Order for Genetic Testing and copies
Order Regarding Request to Determine Child Born Out of Wedlock and copies
Your copy of the filed Proof of Service

If you filed a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity or a Motion to Join Defendant, bring them as well, along with:

Order Regarding Motion for Extension of Time to File Action for Revocation of Paternity (if needed) and copies
Order Regarding Motion to Join Defendant (if needed) and copies
Your copy of the filed Proof of Service

If the judge makes a decision at the hearing, the judge will probably sign the proposed order(s) at that time. Ask the clerk to stamp the copies. If the courtroom clerk cannot do this, you can ask for the copies to be stamped after the hearing when you go to the clerk’s office.

If the other party or parties are at the hearing, you can serve them with a copy of the order in the courtroom.

The judge may not make a decision at the hearing. Instead, the judge might refer the motion to the Friend of the Court or schedule a trial.

Step 10: File the signed order(s)

File the signed order or orders.

If you are filing in person at the court clerk's office, also file a copy for the Friend of the Court, and ask the clerk for two or three copies to take with you. One copy is for you, the second copy is for your spouse or ex-spouse, and the third copy is for the biological father, if they are a party in the case.

If you are filing either by e-mail or using MiFILE, you will not need to make copies.

Step 11: Serve the other party or parties with the order(s)

Unless the other party was served with the order(s) at the hearing, you must serve the order(s) within seven days after the judge signs. Look back to Step 7 for information on how to serve papers. If you file these documents in MiFILE, you can serve the other party through MiFILE at that time.

If there is a third party in your case (the biological father), you must also serve that person with a copy of the order(s).

Step 12: File a Proof of Service

Complete a new Proof of Service if you served the papers by personal delivery, mail, or e-mail. Fill in the date when you served the papers, the name of the person or people you served, and the address or e-mail address where you sent or delivered the papers. Check the boxes next to the names of the papers you served. Then check the box showing how you served the papers.

If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.

If you had to file a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity and the judge denied it, this is your last step. Your husband or ex-husband will continue to be your child’s father.

Step 13: Do genetic testing (if needed)

If the judge signed an Order for Genetic Testing, do what the order says. The order most likely includes how the cost of genetic testing should be paid, when testing must be finished, and when the results must be filed with the court.

The judge may also include instructions about where to go for testing. If not, you can search online for genetic testing or DNA testing in Michigan. Search a company’s website (for example, on the “About” page) to make sure it is accredited by the American Association of Blood Banks (AABB).

The judge’s clerk or secretary or the Friend of the Court may also be able to tell you where you can go for genetic testing.

Step 14: Get a new hearing date and file and serve the Notice of Hearing (if needed)

Skip steps 14-18 if you already had a hearing on your Motion by Mother to Determine Child Born Out of Wedlock in Step 9.

If you filed a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity and/or a Motion to Join Defendant, and you were not able to get the Motion to Determine Child Born Out of Wedlock heard on the same day, now get a hearing date for the Motion by Mother to Determine Child Born Out of Wedlock.

If you will be filing the Notice of Hearing in person at the court, you can either call the court before filing to get a hearing date, or wait until you are at the court. If you call ahead of time to get a hearing date, fill out the Notice of Hearing with the information you get about the hearing date, time, location of hearing, and name of the judge or referee who will hear the motion. Below “for the following purpose,” write "Motion by Mother to Determine Child Born Out of Wedlock." Check the boxes next to “The defendant is required to attend this hearing” and “The plaintiff is required to attend this hearing.”

Make four copies of the completed Notice of Hearing. Go to the clerk’s office and file the Notice of Hearing. Give the clerk the original and all copies. The clerk will keep the original and one copy and return the other copies to you.

If you wait until you are at the court to get a hearing date, remember to fill out all four copies of the Notice of Hearing.

Below “for the following purpose,” write "Motion by Mother to Determine Child Born Out of Wedlock." Check the boxes next to “The defendant is required to attend this hearing” and “The plaintiff is required to attend this hearing.”

Serve the Notice of Hearing

Look back to Step 7 for information on how to serve papers. If you file the Notice of Hearing in MiFILE, you can serve your spouse or ex-spouse at that time.

If you filed a Motion to Join Defendant and the judge granted the motion, also send a copy of the Notice of Hearing to the biological father of your child.

Step 15: Go to the next motion hearing (if needed)

Skip steps 14-18 if you already had a hearing on your Motion by Mother to Determine Child Born Out of Wedlock in Step 9.

Bring the following papers with you to the hearing:

Motion by Mother to Determine Child Born Out of Wedlock
Order for Genetic Testing and copies (unless the judge has already ordered testing)
Order Regarding Request to Determine Child Born Out of Wedlock and copies
Your copy of the last Proof of Service you filed

If the judge makes a decision at the hearing, the judge will probably sign the proposed order(s) at that time. Give the judge the order(s) and all copies. They will be returned to you after the judge signs.

If the other party or parties are at the hearing, you can serve them with a copy of the order(s) in the courtroom.

The judge may not make a decision at the hearing. Instead, the judge might refer the motion to the Friend of the Court or schedule a trial.

The judge may sign the Order for Genetic testing and set a date for another hearing. If this happens, please refer to Step 13 for information on how to do genetic testing.

Step 16: File the signed order(s)

Skip steps 14-18 if you already had a hearing on your Motion by Mother to Determine Child Born Out of Wedlock in Step 9.

File the signed order or orders. If you are filing in person at the court clerk's office, also file a copy for the Friend of the Court, and take the other copies with you.

If you are filing either by e-mail or using MiFILE, you will not need copies.

Step 17: Serve the other party or parties with the order(s)

Skip steps 14-18 if you already had a hearing on your Motion by Mother to Determine Child Born Out of Wedlock in Step 9.

Unless the other party was served with the order(s) at the hearing, you must serve the order(s) within 7 days after the judge signs. Look back to Step 7 for information on how to serve papers. If you file these documents in MiFILE, you can serve the other party through MiFILE at that time.

If you filed a Motion to Join Defendant earlier and the judge granted the motion, you must also serve the biological father with a copy of the order(s).

Step 18: File a Proof of Service

Skip steps 14-18 if you already had a hearing on your Motion by Mother to Determine Child Born Out of Wedlock in Step 9.

If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.

Step 19: Go to the final hearing (if needed)

Follow this step if your Motion to Determine Child Born Out of Wedlock has been scheduled for a final hearing or a trial.

These are brief instructions about attending your court hearing. For more detailed instructions about going to court, watch the Going to Court video.

Bring the following forms:

Motion by Mother to Determine Child Born Out of Wedlock
Order Regarding Request to Determine Child Born Out of Wedlock and copies

If the judge signed an Order for Genetic Testing, bring the test results.

When you are called, go to the place you are directed and answer the judge’s questions clearly and directly. If the legal father and/or biological father are at the hearing, they will have a turn to speak. When someone else is talking, take notes. Do not interrupt. After the other party or parties are done speaking, you will have another chance to talk. Taking notes will help you with this.

Be prepared to say why your husband’s or ex-husband’s paternity should be revoked. There are certain things you have to prove. Read the article I Am a Mother, and I Need to Change Paternity of a Child Born During My Marriage for more information.

The judge will sign the Order Regarding Request to Determine Child Born Out of Wedlock at the end of the hearing. The judge will either grant your request to revoke the legal father’s paternity or deny it. Give the judge the order and all copies. They will be returned to you after the judge signs.

If the other party or parties are at the hearing, you can serve them with a copy of the order in the courtroom.

Step 20: File the signed order

File the signed order. If you are filing in person at the court clerk's office, give the clerk the original and all copies of the order. The clerk will file the original and one copy, and will return the other copies to you.

If you are filing either by e-mail or using MiFILE, you will not need copies.

Step 21: Serve the other party or parties with the order

Unless you served the other party or parties at the hearing, you must serve the order within 7 days after the judge signs. Look back to Step 7 for information on how to serve papers. If you file the order in MiFILE, you can serve the other party through MiFILE at that time.

If you filed a Motion to Join Defendant earlier and the judge granted the motion, you must also serve the biological father with a copy of the order.

Step 22: File a Proof of Service

If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.

Step 23: What to do after the final hearing

If the judge denied your Motion to Determine Child Born Out of Wedlock, your husband or ex-husband will continue to be your child’s father.

If the judge granted your motion and revoked your husband’s paternity, the judge may also have entered an order naming the biological father as your child’s legal father. If this did not happen, you will need to take extra steps to make sure your child’s biological father becomes the legal father. This can happen in a few different ways. The easiest way to establish paternity is for you and the biological father to complete and sign an Affidavit of Parentage in front of a notary public. The page after the Affidavit of Parentage has instructions on completing and filing the Affidavit, as well as requesting a change to your child’s birth certificate.

Paternity can also be established by an Order of Filiation. To get this order, a paternity action must be filed by you, your child’s biological father, or by the Michigan Department of Health and Human Services (MDHHS). Currently, Michigan Legal Help does not have any forms or information to start a case to establish paternity.

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Checklist – Instructions for Motion to Determine Child Born Out of Wedlock (Mother)

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Checklist – Instructions for Motion to Determine Child Born Out of Wedlock (Mother)