Fathers Rights Under the New Michigan Paternity Act
Fathers establishing paternity in Michigan!
In June, a series of bills presented to the Michigan legislature had a profoundly positive impact on fathers' rights within the state. This legislative change was significantly influenced by a resident of Hartland Township, whose personal story served as the catalyst for this new legal framework. The narrative at the core of this transformation is both compelling and heart-wrenching: the mother of his daughter was married to another man when she conceived his child. Subsequently, after reconciling with her spouse, the child found herself in the custody of a convicted drug dealer, while the biological father had no legal recourse to claim his child.
Central to this legal transformation was the Michigan Paternity Act, an archaic law that was originally established with the intention of preserving the sanctity of marriage. Under this legislation, husbands were granted automatic parental rights to any children born to their wives, irrespective of the biological lineage. This legal framework was so stringent that it prohibited Family Court Judges from even considering the possibility of granting rights to a biological father in such cases. The roots of this outdated law stretch back to a time when modern DNA testing was yet to become available.
The reform initiated in June represented a fundamental shift in the state's approach to parental rights. The inspiration behind this change stemmed from the deeply unfair situation faced by the Hartland Township man. The fact that he had no legal claim to his biological child due to the pre-existing legal constraints was a stark reminder of the need for reform.
These legislative amendments acknowledge the importance of biological connections and, more importantly, the best interests of the child. The new framework allows for a more balanced and equitable consideration of parental rights. In essence, it recognizes that legal parenthood should be based not only on marital status but also on the biological relationships between parents and children.
The outdated Michigan Paternity Act has been replaced by more contemporary and equitable legislation. This revised legal framework takes into account the advancements in DNA testing, which can conclusively determine the biological parentage of a child. In doing so, it aligns Michigan law more closely with the evolving understanding of parental rights and child welfare.
The reform signifies a significant step forward in ensuring that the rights of fathers, especially biological fathers, are protected and upheld by the legal system. It represents a progressive shift from an outdated, one-size-fits-all approach to a more nuanced and just system, where the biological connections between parents and children are recognized as vital factors in determining custody and parental rights.
In conclusion, the legislative changes implemented in June in Michigan have had a remarkable impact on fathers' rights. These changes reflect a more contemporary and just approach to parental rights, acknowledging the significance of biological parentage and the best interests of the child. The reform serves as a testament to the evolving nature of our legal systems and their ability to adapt to the changing dynamics of family structures and relationships.
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David acknowledges that the legal profession often demands more than the typical 9-to-5 commitment. This is precisely why he extends his availability around the clock, 24/7!
Routine legal matters are efficiently handled during standard business hours. Nevertheless, should you encounter an unexpected crisis, like the sudden arrest of a family member or a situation where your child isn't returned to your care in violation of a court order, David Dart is just a call away, regardless of whether it's a weekday or the weekend.
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To file for paternity in Michigan you need to know the following information:
REVOCATION OF PATERNITY ACT Public Act 159 of 2012 was signed into law last June by Governor Snyder and gives biological fathers more rights to establish parentage when a child is conceived and/or born during a marriage.
The Revocation of Paternity Act permits a biological father to establish paternity of a child born during a marriage. This Act only allows paternity to be established if it is done during the first three years of a child's life or within one year after the date of the order of filiation. However, there is a clause that permits the filing of an action if it is done within one year of the enactment of this legislation, not later than June 12, 2013.
Both, Dads and moms both have a right to know their child and with that comes the responsibility to support their child emotionally and financially – even if they aren’t married to each other.
When a baby is born to married parents, the law recognizes two legal parents: the husband and wife. Married couples do not need to take any legal steps to establish paternity. Although, when a baby is born to parents who are not married to each other, the law does not accept the biological father as a legal parent until he takes action and becomes a legal parent.
If you are in need of an attorney to help you establish paternity, contact attorney David J. Dart to discuss your case. He may be reached at (734) 404-5800.