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

These are step-by-step instructions to help you when you are filing a Complaint 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 Motion to Determine Child Born Out of Wedlock, use the Checklist – Instructions for Motion to Determine Child Born Out of Wedlock (Mother).

Step 1: Prepare your forms

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

Summons
Complaint by Mother to Determine Child Born Out of Wedlock
Confidential Case Inventory, if applicable. This form will not be part of all cases.
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 to Prior Court of Proceedings Affecting Minor(s) (if needed)
Notice of Hearing (if needed)
Notice of Hearing and Motion
Proof of Service

You will not file all these forms at the beginning. You will file some later. You need to make copies of some of the forms. The instructions below explain which forms you need for each step and how many copies to make.

Step 2: Get your fees waived (if you qualify)

It will cost at least $175 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. Prepare a Fee Waiver Request using the Do-It-Yourself Fee Waiver.

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

Sign and date the following forms:

Summons
Complaint by Mother to Determine Child Born Out of Wedlock
Case Inventory Addendum (if needed)
Motion to Join Defendant (if needed)
Fee Waiver Request (if you are filing one)

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 notary.

An in-person notary can usually be found at a bank or the court. Or it may be possible to have the form notarized remotely. The Secretary of State (SOS) website allows you to search for remote notaries by county.

Step 4: Make copies

After you sign your documents, make these copies:

Fee Waiver Request (if needed) — 4 copies
Complaint 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 (only needed if the judge orders this) — 5 copies
Summons — 4 copies
Proof of Service — 3 copies

Step 5: File your forms with filing fee

File your forms with the circuit court clerk in the county listed at the top of your forms. Click on Courts & Agencies for the address and phone number of the court in your filing county.

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

Complaint by Mother to Determine Child Born Out of Wedlock
Confidential Case Inventory (if needed)
Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)
Motion to Join Defendant (if needed)
Summons

Also bring one copy of each of the proposed orders.

Give the clerk the original forms and all copies. The clerk will assign a number and a judge to your case and will stamp and sign the summons. The clerk will keep the original forms and one copy for the Friend of the Court. The clerk may also keep an extra copy for the judge, including a copy of the proposed order(s). If not, ask the clerk where you should take the judge’s copies. The clerk will return the remaining copies to you.

During the COVID-19 state of emergency, courts must accept Fee Waiver Requests through e-Filing or e-mail. To find out if your court has e-Filing for your case type, look at the E-Filing Courts in Michigan page on the Michigan One Court of Justice website. If the court does not accept e-Filing for your type of case, contact your court clerk's office or visit their website to find out what e-mail address you should send your Fee Waiver Request to. Vist the Courts & Agencies page on Michigan Legal Help to get contact information for your court.

Step 6: Get a hearing date and file the Notice of Hearing (if needed)

Skip this step if you are not filing a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity and/or a Motion to Join Defendant.

While you are at the clerk’s office, ask the clerk for a hearing date for the motion or motions you filed. If you are filing both motions, you can get one hearing date for both — the motions can be heard one after the other. In some counties you must contact the judge’s clerk for a hearing date.

These motions have to be heard before you can have a hearing on your Complaint to Determine Child Born Out of Wedlock.

Fill in 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 to be heard that day. For example, “Plaintiff’s Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity.”

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 Notice of Hearing. File the Notice of Hearing with the clerk. Give the original and the copies to the clerk. The clerk will keep the original and one copy. The clerk will return the other copies to you. Keep one copy for your records.

Step 7: Get a hearing date and file the Notice of Hearing and Motion (if needed)

Skip this step 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.

While you are at the clerk’s office, ask the clerk for a hearing date for your Motion for Entry of Order Regarding Request to Determine Child Born Out of Wedlock.

Fill in the Notice of Hearing and Motion 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. Date and sign the form.

Make four copies of the Notice of Hearing and Motion. File the Notice of Hearing and Motion with the clerk. Give the original and the copies to the clerk. The clerk will keep the original and one copy. The clerk will return the other copies to you. Keep one copy for your records.

Step 8: File and mail Notice to Prior Court of Proceedings Affecting Minor(s) (if needed)

Follow this step only if the Do-It-Yourself Revoke Paternity Established by Marriage tool prepared one or more Notice to Prior Court of Proceedings Affecting Minor(s) (form MC 28). You have this form if a court has prior continuing jurisdiction over your child from a prior family court case. You must complete this form and mail it to the appropriate court.

Write in the date, time, and location of your scheduled hearing under part 1a. Make five copies of the form. File the original with the court where you filed your Complaint and other forms. The court will keep the original and one copy.

Mail a copy to the court with the prior case — this should be the circuit court in the county typed into the form where it says “TO: County of _______ .” You can find the mailing address for that court in Courts & Agencies. Address the envelope to the attention of the official or entity marked on your form. For example, if the box is checked next to “Prosecuting attorney,” write “Attn: Prosecuting Attorney” above the court address. You must send the notice by first-class mail at least 21 days before the date set for your hearing.

After you mail a copy to the prior court, fill out the Certificate of Service at the bottom of another copy. Check the box beside “first-class mail,” and date and sign the form. Make two copies. File the form at the court clerk’s office. The clerk will keep the original and one copy and will return the other copy to you. Keep the copy for your records.

Step 9: Have the other party (or parties) served with your court papers

You must have the legal father served with (notified of) the revocation of paternity action. If you are filing a Motion to Join Defendant, you must also have the biological father served. There are several different ways you can have papers served. To learn more, read the article How to Serve Revocation of Paternity Complaints and Other Forms.

The legal father (and the biological father, if needed) must be served with one copy of each of the following:

Fee Waiver Request and the decision on your request (if you filed a Fee Waiver Request)
Summons
Complaint 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 to Prior Court of Proceedings Affecting Minor(s) (if needed)
Notice of Hearing OR Notice of Hearing and Motion (whichever one applies)

You have 91 days from the issue date on the summons to have the other party (or parties) served with these papers, or your case will be dismissed. If you are having trouble getting them served within this time, you can file a Motion for a Second Summons.

Step 10: File your Proof of Service with the circuit court clerk’s office

After the papers have been served, the person who served them must complete a Proof of Service form. The Proof of Service gets filed with the circuit court clerk’s office.

The server normally files the Proof of Service and returns a copy to you. But, the server can also return the signed Proof of Service to you, and you can file it. Talk to the server about who will file the Proof of Service ahead of time. Make sure you have a copy for your records.

Step 11: Go to the motion hearing (if needed)

Skip this step if you did not file a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity and/or a Motion to Join Defendant.

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.

Bring the following forms with you:

Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)
Motion to Join Defendant (if needed)
Any other party’s response that you received
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
Order for Genetic Testing and copies
Your copy of the filed Proof of Service
Your copy of the Notice to Prior Court of Proceedings Affecting Minor(s) (if needed)

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 ask the judge to 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(s) to the Friend of the Court.

Step 12: File the signed order(s)

Skip this step if you did not file a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity and/or a Motion to Join Defendant.

File the signed order or orders with the circuit court clerk’s office. The clerk will keep the original and one copy and will return the other copies to you. Keep one copy for your records.

Step 13: Mail the signed order(s) to the other parties

Skip this step if you did not file a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity and/or a Motion to Join Defendant.

Unless the judge or court staff gave a copy of the order(s) to the other party or parties in the case, you must serve the order(s). Mail or give the legal father a copy of the order(s) within seven days after the judge signs them. If you filed a Motion to Join Defendant, also mail or give the biological father a copy of the order(s).

Step 14: File a Proof of Service

Skip this step if you did not file a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity and/or a Motion to Join Defendant.

After you serve the order(s), complete a new Proof of Service.

Fill in the date when you served the papers, the name of the child’s legal father and biological father (if needed), and the address(es) where you mailed the papers or gave them to each person. Check the boxes next to the names of the papers you served. Then check the box showing whether you served the papers by mail or in person. Date and sign the completed Proof of Service, and make two copies.

Return to the court clerk’s office and 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 stamped copy to you. Keep the copy for your records.

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

Step 15: 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 16: Get a hearing date and file the Notice of Hearing and Motion (if needed)

Skip this step if you did not file a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity and/or a Motion to Join Defendant.

Ask the clerk for a hearing date for your Motion for Entry of Order Regarding Request to Determine Child Born Out of Wedlock.

Make four copies of the Notice of Hearing and Motion. Give the original and the copies to the clerk. The clerk will file the original and one copy. The clerk will return the other copies to you.

Step 17: Serve the Notice of Hearing and Motion and file the Certificate of Mailing (if needed)

Skip this step if you did not file a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity and/or a Motion to Join Defendant.

Mail a copy of the Notice of Hearing and Motion to your child’s legal father. If the biological father is now a party to the case, you must also mail him a copy. Send the Notice of Hearing and Motion by first-class mail to the person’s last known address.

On your remaining copy of the Notice of Hearing and Motion, date and sign the Certificate of Mailing at the bottom. Make two copies. File the Notice of Hearing and Motion with the clerk and give the clerk the copies. The clerk will keep the original and one copy. The clerk will return the other copy to you. Keep it for your records.

Step 18: Go to the hearing on your Motion for Entry of Order

Bring the following papers with you to the hearing:

Complaint by Mother to Determine Child Born Out of Wedlock
Case Inventory Addendum (if needed)
Any other party’s response that you received
Order for Genetic Testing and copies (unless the judge already signed it)
Order Regarding Request to Determine Child Born Out of Wedlock and copies
Your copy of the last Proof of Service you filed
Your copy of the Notice to Prior Court of Proceedings Affecting Minor(s) (if needed)

If the judge signed an Order for Genetic Testing, bring a copy of 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 may sign the Order Regarding Request to Determine Child Born Out of Wedlock at the end of the hearing. If so, the judge will either grant your request to revoke the legal father’s paternity or deny it. If you did not have a motion hearing before this hearing, the judge may sign the Order for Genetic testing and set a date for a continued hearing. If this happens, please refer to Step 15 for information on how to do genetic testing.

Ask the clerk to stamp the copies of the order. 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 ask the judge to serve them with a copy of the order in the courtroom.

Step 19: File the signed order

File the signed order with the circuit court clerk’s office. The clerk will keep the original and one copy and will return the other copies to you. Keep one copy for your records.

Step 20: Mail the signed order to the other parties

Unless the judge or court staff gave a copy of the order to the other parties, you must serve the order. Mail or give the legal father a copy of the order within seven days after the judge signs it.

If you filed a Motion to Join Defendant earlier and the judge granted the motion, mail or give the biological father a copy of the order, too.

Step 21: File a Proof of Service

After you serve the order, complete a new Proof of Service.

Fill in the date when you served the order, the name of the child’s legal father and biological father (if you also served him with the order), and the address(es) where you mailed the order(s) or gave them to each person. Check the box next to the name of the order. Then check the box showing whether you served the papers by mail or in person. Date and sign the completed Proof of Service, and make two copies.

Return to the court clerk’s office and 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.

Step 22: Go to your final hearing, and file and serve the order (if needed)

Skip this step if the judge has already signed the Order Regarding Request to Determine Child Born Out of Wedlock.

Follow this step if the judge set a date for an adjourned or continued trial at the last hearing.

Follow step 18 for instructions on going to the hearing. After the hearing, follow step 19 to file the signed Order Regarding Request to Determine Child Born Out of Wedlock. Follow step 20 and mail a copy of the order to the legal father and, if needed, to the biological father. Follow step 21 to file a Proof of Service showing that you mailed the order.

Step 23: What to do after the final hearing

If the judge denied your Complaint 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 Complaint to Determine Child Born Out of Wedlock (Mother)

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