Full question:
I am married and live in Michigan. I voluntarily acknowledged the paternity of the child of my ex-girlfriend 6 months ago, upon the belief that the child is mine. But last week I underwent a DNA test and has confirmed that the child is not mine. What is the procedure to revoke parentage?
- Category: Paternity
- Date:
- State: Michigan
Answer:
In Michigan, the paternity of a child can be established through voluntary acknowledgment or by filing a civil action. Since you acknowledged paternity voluntarily, you can revoke that acknowledgment under MCL § 722.1437.
This statute allows the mother, the acknowledged father, an alleged father, or a prosecuting attorney to file an action for revocation of an acknowledgment of parentage. You must file this action within three years after the child's birth or within one year after signing the acknowledgment, whichever is later.
To support your action, you need to provide an affidavit stating the reason for revocation. Acceptable reasons include:
- Mistake of fact
- Newly discovered evidence that could not have been found earlier
- Fraud
- Misrepresentation or misconduct
- Duress when signing the acknowledgment
If the court finds your affidavit sufficient, it will order DNA testing to confirm paternity. You will need to prove, by clear and convincing evidence, that you are not the father of the child.
Therefore, you should file an action to revoke your acknowledgment of paternity and include an affidavit detailing your reasons for the request.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.