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Common Questions about Revoking Paternity Established by Marriage when You Are the Biological/Alleged Father

These are common question about revoking paternity established by marriage for the biological/alleged father.

Questions about Revoking Paternity Established by Marriage

​Why is the mother’s husband the legal father of my child?

Under Michigan law, when a married woman conceives or gives birth to a child, her husband is presumed to be the legal father.

If you are the biological father, the only way you can try to become the legal father is to file a Motion or Complaint to Determine Child Born Out of Wedlock. Whether you need to file a motion or complaint depends on if there is an existing family law case between the mother and her husband (or ex-husband) involving the child.

Why would I want to ask the judge to revoke the husband’s paternity?

If your child’s mother conceived or gave birth to the child when she was married to another man, her husband is the child’s legal father under Michigan law. This means that the husband has all the legal rights and responsibilities as a parent, and you do not.

If you want to become the legal father, the judge has to revoke the husband’s paternity first. Revoking the husband’s paternity means undoing his status as legal father. You can ask the judge to revoke the husband’s paternity and name you as the new legal father by filing a Motion or Complaint to Determine Child Born Out of Wedlock.  

​How do I ask the judge to revoke the husband’s paternity and make me the legal father?

You must file a Motion or Complaint to Determine Child Born Out of Wedlock. You can use the Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare the forms you need to do this.

If the judge grants your request to revoke the husband’s paternity, the judge can name you as the legal father in a court order. Or you can become the legal father through an Affidavit of Parentage.

​When can I ask the judge to revoke the husband’s paternity?

You can file your Motion or Complaint to Determine Child Born Out of Wedlock at any time. However, it may be more difficult if you wait until the child is three or older. You will have fewer options if you wait until the child is three.

There are five different reasons why you, as the alleged father, can ask the judge to determine the child was born out of wedlock. But if the child is already three or older when you file, there are generally only two reasons you can use in your motion or complaint. These reasons may not fit your situation. To learn more, read I Want to Become the Legal Father of a Child Born During a Marriage.

Also, if you wait until the child is older to file, the judge may be less likely to revoke the husband’s paternity. The judge can refuse to revoke his paternity if the judge finds it would be against the child’s best interests to do so. In making this decision, the judge can consider the child’s age, among other factors. To learn more about the best interest factors, read I Want to Become the Legal Father of a Child Born During a Marriage.

​How will the judge decide whether to revoke the husband’s paternity?

Michigan law makes it more difficult for the alleged father to ask to revoke the husband’s paternity than for the husband to ask. You must be able to prove certain things before the judge will consider revoking the husband’s paternity. To learn about the five different ways you can ask the judge to determine the child was born out of wedlock, read the article I Want to Become the Legal Father of a Child Born During a Marriage.

The judge may order genetic testing to determine who the child’s father is. The judge may also consider if it is in the child’s best interests for the husband’s paternity to be revoked. To learn more about the factors the judge can consider, read the article I Want to Become the Legal Father of a Child Born During a Marriage.

​If the judge revokes the husband’s paternity, will his name be taken off the birth certificate?

The husband’s name will not be removed automatically from the birth certificate. Either the husband or the child's mother must mail a completed Application to Correct or Change a Michigan Birth Record to Michigan Vital Records Changes along with a fee.

What if my child’s mother was never married?

If your child’s mother was never married and you want to become the legal father, you do not need to file a Motion or Complaint to Determine Child Born Out of Wedlock. If no one else is the legal father, you can become the legal father by signing an Affidavit of Parentage with the mother and filing it. Or you can become the legal father through a court order called an Order of Filiation.

If another man is your child’s legal father but was never married to your child’s mother, you may still be able to ask the judge to revoke his paternity. Michigan Legal Help does not currently have information or forms for your situation, but will soon. You may want to consider contacting a lawyer to help you.

When and where can I have DNA testing done?

The judge may order you and the other party or parties to complete DNA testing (also called genetic testing). Do what the judge’s written order says. The order will most likely include who must pay for the cost of genetic testing, 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.

How much does DNA testing cost?

DNA testing can cost around $400 or $500. The judge may order you and the other party (or parties) to split the cost. The judge can also order one person to pay for the entire cost of testing.