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When a child is born to a woman who is married, the law presumes that her husband is the father unless otherwise proven. However, no legal presumptions about fatherhood exist for children born to unwed parents.
To ask to revoke paternity established by Affidavit of Parentage, you will need to file a Complaint/Motion and Affidavit to Revoke Acknowledgment of Parentage. To ask to revoke an order establishing paternity (called an order of filiation), file a Motion to Set Aside Order of Filiation.
In Michigan the statute of limitations for bringing a paternity suit is when the child reaches the age of 18. In Missouri, a paternity action relating to a child who has no presumed father, i.e. the husband of the mother at the time the child was born, is eighteen years after the birth of the child.
The birth certificate is the record of the child's birth and is usually created at the hospital when the baby is born. It is not used to establish paternity. If the mother is married when she becomes pregnant or when the baby is born, her husband's name will be put on the birth certificate as the child's father.
(2) If a child has a presumed father, a court may determine that the child is born out of wedlock for the purpose of establishing the child's paternity if an action is filed by the presumed father within 3 years after the child's birth or if the presumed father raises the issue in an action for divorce or separate ...
Once filed, copies of the affidavit can be obtained by either parent, by the child, or a guardian or legal representative of a parent or the child. Certified copies of the affidavit are available from the central registry for $26 (additional copies are $12 each) and can be requested at the time of filing.
If parents are married to each other when a child is born or when the mother became pregnant, the mother's husband is the child's legal father. usually involves DNA paternity testing (also referred to as genetic testing) and a court hearing. Paternity can also be established by adoption.