This toolkit tells you about revoking or undoing your husband’s (or ex-husband’s) paternity when someone else is the father of your child. Use a different toolkit if you are the husband in this situation, or if you are trying to claim paternity of a child whose mother is married. For general information about revoking paternity, read the Articles. Read the Common Questions if you have a specific question. If you want to ask a judge to revoke your 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 your 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
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.
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.