What Factors Do Michigan Courts Consider in Revoking Paternity?

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In the State of Michigan, paternity can be revoked. However, a court may refuse to enter an order setting aside a paternity determination, revoking an acknowledgment of parentage, determining that a genetic father is not a child’s father, or determining that a child is born out of wedlock if the court finds evidence that the order would not be in the best interests of the child using factors other than the ‘best interest’ factors used for custody determinations. See MCL 722.1443

The court may consider the following factors:  

(a) Whether the presumed father is estopped from denying parentage because of his conduct. 

 (b) The length of time the presumed father was on notice that he might not be the child’s father.  

(c) The facts surrounding the presumed father’s discovery that he might not be the child’s father.  

(d) The nature of the relationship between the child and the presumed or alleged father.  

(e) The age of the child.  

(f) The harm that may result to the child.  

(g) Other factors that may affect the equities arising from the disruption of the father-child relationship.  

(h) Any other factor that the court determines appropriate to consider.

Revoking the paternity also means that the Court may terminate responsibility to pay for child support. If not revoked, the individual may also be responsible for arears on child support for that child.

If you are interested in filing a motion or action for a paternity related issue contact Diana Mohyi Attorney at Law for a consultation.

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