This toolkit tells you about revoking or undoing the paternity of a man who became the legal father of your child through marriage to the child’s mother. The husband's paternity must be revoked before you can become the legal father of the child. Use a different toolkit if you are the wife or husband in this situation. For general information about revoking the husband's paternity, read the Articles. Read the Common Questions if you have a specific question. If you want to ask a judge to revoke the husband's paternity, use the Forms link to prepare your forms. The Checklists below have step-by-step instructions for asking the judge to revoke the husband's paternity. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
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.
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.
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.