Michigan Settlement Agreement and Release of Paternity Claim

State:
Multi-State
Control #:
US-01448BG
Format:
Word; 
Rich Text
Instant download

Description

Illegitimacy proceedings are generally considered to be civil in nature, and it is therefore generally recognized that the mother and putative father of an illegitimate child have the right to compromise, settle, or release a claim, and that such an agreement is a defense against subsequent proceedings by the mother.

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FAQ

(2) If the child's mother was not married at the time of conception or birth, the name of the father shall not be entered on the certificate of birth without the written consent of the mother and without the completion, and filing with the state registrar, of an acknowledgment of parentage by the mother and the ...

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.

Actions under the Revocation of Paternity Act (ROPA), MCL 722.1431 et seq., resolve the identity of a child's father; ROPA enables a court to determine who is, and who is not, the father of a child.

(1) The parents of a child born out of wedlock are liable for all of the following: (a) The medical expenses connected to the mother's pregnancy. (b) The medical expenses connected to the birth of the child. (c) The necessary support and education 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.

The time limit within which to file a motion is within 3 years after the child's birth or within 1 year after the date of the order of establishing parentage.

To revoke an acknowledgment of parentage, an individual MUST file an action as indicated by ROPA. MCL 722.1007(h). A petition to terminate parental rights to the child has been filed. MCL 722.1443(15).

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Michigan Settlement Agreement and Release of Paternity Claim