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dkennedy
dkennedy, Attorney at Law
Category: Family Law
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Experience:  JD Degree, Social Service Experience, Child Support Officer
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My question involves paternity law for the State of Michigan Here

Resolved Question:

My question involves paternity law for the State of: Michigan

Here are the facts in generic terms:

Man (M) and Woman (W) are married and have two children together (children #1 and #2). M and W separate and W becomes pregnant by another man (A). W proceeds to have a second child with A while still married to M. M and W cannot afford a divorce and decide to do it on their own. After the divorce is granted W mentions to the clerk that children #3 and #4 are not the biological children of M. M, A and W are instructed to complete and affidavit of parentage. M and W go back in front of the judge with the notorized affidavit of parentage naming A as the father of children # XXXXX and #4. The judge says that the affidavit of parentage is insufficient and "a judgment" is required. The judge gives them 30 days to get this judgment or judge says that he will throw everything out and they will have to start over. What does the judge mean by the judgment? What exactly do the parties have to do?
Submitted: 5 years ago.
Category: Family Law
Expert:  dkennedy replied 5 years ago.

HelloCustomer

 

The judgment would be a court order stating that your husband is not the father of children 3 & 4. Then, when he is "removed" as the father, the paternity affidavit would be sufficient to establish paternity in A. Since M is the legal father until a court rules otherwise, you cannot establish A as the father until the judgment says M is not.

Customer: replied 5 years ago.

My question was how do the parties get this judgment or court order? With space limits I was unable to be as clear as I guess I should have been, but I understand that the husband is the legal father, etc. My question specifically was at this point in their divorce proceedings how is this court order obtained (is it part of the divorce proceedings or a separate filing, etc.).

 

By the way, I am not W, M is not my husband and I am not the mother of any of these children. This question was asked on behalf of M.

Expert:  dkennedy replied 5 years ago.

Hello,

 

I use "you" sometimes in my answers just to make the typing simple, so that I don't have to go over the "party of the first part", etc. No offense meant to you.

 

The judgment or court order would be most easily obtained as a part of the final divorce, or just an order under the same number of the divorce, as it is proceeding to completion. Just type it up and have a judge sign it.

dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 5990
Experience: JD Degree, Social Service Experience, Child Support Officer
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