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Common Questions about Revoking Paternity Established by Marriage when You Are the Child's Mother
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These are common questions about revoking paternity established by marriage for the mother.
Questions about Revoking Paternity Established by Marriage
You may want to ask the judge to revoke your husband’s paternity if your child was born or conceived during your marriage, but your husband is not the biological father. Under Michigan law, your husband is automatically the child’s legal father if you were married to him when your child was born or conceived. To ask the judge to un-do your husband’s status as legal father, you must file a Motion or Complaint to Determine Child Born Out of Wedlock.
If you do not ask the court to revoke your husband’s paternity, he will remain the legal father. He will continue to have all the legal rights of a parent. If you get a divorce or a separate maintenance from him, he will have the ability to ask the court for custody and parenting time. He will also have the responsibilities of a parent, such as possibly being ordered to pay child support.
If someone other than your husband is the father of your child, you may want to file a Motion or Complaint to Determine Child Born Out of Wedlock. To ask the judge to revoke (undo) your husband’s status as legal father, either you, your husband, or the biological father must file this motion or complaint. Otherwise, your husband will continue to be your child’s legal father, and the biological father will not have any parental rights or responsibilities.
You can use the Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare the forms you need to ask the judge to revoke your husband's paternity.
When your child is born, you can file a Motion or Complaint to Determine Child Born Out of Wedlock. To ask the judge to revoke (undo) your husband’s status as legal father, either you, your husband, or the biological father must file this motion or complaint. Otherwise, your husband will be your child’s legal father, and the biological father will not have any parental rights or responsibilities.
You can use the Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare the forms you need to ask the judge to revoke your 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 your child is three.
There are four different reasons why you, as the mother, can ask the judge to determine your child was born out of wedlock. But if your child is already three or older when you file, there are generally only two reasons you could use in your motion or complaint. These reasons may not fit your situation. Read the article I Am a Mother, and I Need to Change Paternity of a Child Born During My Marriage for more information.
Also, if you wait until your child is older to file, the judge may be less willing to revoke your 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 your child’s age, among other factors. Read the article I Am a Mother, and I Need to Change Paternity of a Child Born During My Marriage for more information about the best interest factors.
To ask the judge to revoke your husband’s paternity of a child born or conceived during your marriage, you must file a Motion or Complaint to Determine Child Born Out of Wedlock. Whether you need a motion or complaint depends on if you have an existing family court case in which you can file your motion. You can use the Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare the forms you need to file.
No. You can file a Motion or Complaint to Determine Child Born Out of Wedlock without getting a divorce. The motion can be filed in any existing family court case involving the support, custody, or parenting time of your child. If you do not have an existing family court case, you can file a complaint to start a new revocation of paternity case.
Michigan law makes it more difficult for the mother to ask to revoke her husband’s paternity than for the husband to ask. You must be able to prove certain requirements before the judge will consider revoking your husband’s paternity. Read the article I Am a Mother, and I Need to Change Paternity of a Child Born During My Marriage to find out about the four different ways you can ask the judge to revoke your husband's paternity.
The judge may also order genetic testing to determine if your husband is the child’s father. If the child’s biological father is also involved in the case, the judge may order him to have genetic testing done also.
The judge may also consider if it is in your child’s best interests for your husband’s paternity to be revoked. Read the article I Am a Mother, and I Need to Change Paternity of a Child Born During My Marriage to find out more about the factors the judge can consider.
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.
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.
If you were never married to the child’s legal father, this toolkit is not for you.
Your child’s legal father may have signed an Affidavit of Parentage for the child or there might be a court order naming him the child’s legal father. If a man became your child’s legal father in either of these ways, you can still ask the court to revoke his paternity. However, the court process and the forms you need will be different. 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.
Your husband’s name will not be removed automatically from the birth certificate. You must mail a completed Application to Correct or Change a Michigan Birth Record to Michigan Vital Records Changes. You will also need to include the court order revoking your husband’s paternity and a $50 check or money order. Read the application form for more information.