LEC.1.REVOCATION OF PATERNITY last update 07/03/12


Many feel marriage should be honored by all and conception left to the spouses. But what if conception involves others? Father is it time to ask your current ,ex wife , or girlfriend  married to another  or single “ Is your baby Mine?” . Effective 06/12/2012 Michigan has a law  named the Revocation of Paternity Act a  Public Act 159 of 2012, found at MCL 722.1431, that l allows you to ask that in a Court of Law . The court can now make changes.

This law will  challenge and alter our core understanding of how our society should operate. Other examples are Women’s  rights, civil rights, voting rights , abortion law, and today the ability of a biological father to alter the husbands presumed fatherhood of a child born or conceived during a marriage by use of MCL 722.1441 et al.

Is this another attack of the sanctity of marriage or a long awaited justice for biological father?

This new Law changes more that the biological alleged fathers  rights. Now a married man can challenge the paternity of a child conceived  or born during his marriage to mother without litigating it in a divorce.

This new law allows the fatherhood of a man who signed an acknowledgement of paternity to be revoked.

This new Michigan Law allows the paternity to be decided and court orders and judgements , acknowledgements, determinations and judgements of divorce  concerning paternity to be set aside.

The new law for one year from 06/12/2012 allows these paternity challenges to any child adult or minor. After this date they are limited to one year from acknowledgement of paternity or until the child is 3 years of age.

In the name of justice the legislature has destabilized the security of a child knowing who their father is and the permanence of that relationship.

The Courts must move cautiously and in strict compliance to the  new law and the  other laws used to establish child custody and the best interest of the child.

There are several types of fact situations that are addressed in sections of the new law. Some follow.

MCL 722.1437.
The mother, the man who signed the acknowledgement of paternity and the man who thinks he might be the father act together to revoke and affidavit of parentage.

MCl 722.1439
If a man is was determined in court  ,because he missed the court session ,to be the father of a child this man ,the mother or the man that thinks he is the father may file with the court a motion to set aside this court order. If this effort fails the moving party could be charged with attorney fees.

A Court can now determine that a child born during a marriage was in fact born out of wedlock and is not the child of the husband. This action can be started by; the mother for a finding the child is not her husbands; by the husband to determine that the child born  or conceived during their marriage  to a current or ex wife  is not his; by a boy friend of a married woman for a determination that a child born in the marriage is in fact his; and  by the Michigan Department of Human Services.

The court may now disrupt the adult or minor child‘s stability in knowing their father  by revoking paternity, setting aside orders of filiation or paternity, setting aside judgement of divorce and other judgements  to determine the child was born out of wedlock.

For one year from the effective date of the new law 06/12/12 the child can be any age. Later in most cases the child will have to be three years of age or less.

I will discuss this in more detail in our next  article. If you have questions contact Terry Bankert 1000 Beach ST Flint MI 810-235-1970 or http://attorneybankert.com

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