Wednesday, May 22, 2013

Less than one month remaining to file motion under Revocation of Paternity Act

As may fathers are painfully aware, previously in Michigan, if a child was born during a marriage, that child was presumed to be of that marriage. Even in cases where DNA testing had been done and could prove paternity belonged to an outside party, they had no claim upon their biological child, and no grounds to file a motion to establish any contact or relationship with that child. Similarly, if a mother filed a fraudulent Affidavit of Parentage naming a different party as father, the biological father - with DNA proof of his relation to the child, had no grounds to begin an action.

This all changed on June 12, 2012 when Governor Snyder signed the Public Act 159 of 2012 - Revocation of Paternity Act. What this provided was that if a child was born or conceived during a marriage, the biological father not married to the mother could begin paternity action within the first three years of the child's life. It also provided that a biological/alleged father could begin an action to set aside an Affidavit of Parentage.

Although the Act specifically stated these actions must begin within three years of the child's birth - there was a clause that allowed fathers of older children, previously denied their claims of paternity, could begin an action within one year of the signing of the action. These actions must be filed by June 12, 2013.

Less than one month remains in the window created for older children. Any fathers out there who have previously been denied time and relationship with their biological child, should consult an attorney to discuss their case before this time closes.
James Dimitriou II

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