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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116215
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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How and when do I ask extension of time under the paternity

Customer Question

How and when do I ask for an extension of time under the paternity laws in michigan if I am thebiologica l father?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I plan on filing based on she was living with me when the child was conceived and not married when the child was born, but she had someone else sign the birth certificate knowing he wasnt the father, then they hid the fact that Ihad a kid from me for 10 years. I know I need to file a cc435 form but I do not understand how and when to ask for the extension of time since its past the 3 years.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You need to ask for the extension or leave to file out of time based on fraud. Since she concealed the fact you were the father from you by fraud and you just recently discovered the evidence that you were the father, that is considered fraud and fraud is the basis to extend the time for you to file to establish paternity based on their fraudulent conduct claiming you were not the father and putting someone else on the birth certificate. Fraud is considered good cause to ask the court for leave to file out of time together with proof you just recently discovered this fraud.

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