MODIFYING PARENTING TIME

Disagreements over parenting time can be emotionally strenuous and closely resemble custody battles. When parents can’t find common ground, the court will step in and set a parenting time schedule that prioritizes the child’s welfare and best interests. It’s important to remember that disagreements over parenting time can affect custody arrangements. If you’re facing a motion to modify parenting time, it’s vital to seek advice from a seasoned family law attorney. Consulting with a skilled lawyer offers an opportunity to discuss strategies and timing considerations when responding to a motion.

Having a well-informed and assertive attorney from Cicchelli Law Offices, PLLC on your side is crucial to ensure you get an appropriate amount of parenting time and remain a steady presence in your child’s life. Contact us today at 248-552-9210 for a complimentary consultation.

In Michigan, establishing paternity is crucial, creating vital family ties and ensuring financial support for the child. Paternity relates to legal parenthood and the corresponding rights and duties that come with being a child’s parent, going beyond mere biological fatherhood. Once paternity is established, the father can seek custody, parenting time, and will have a legal obligation to support the child.

If a child is born during a marriage, the spouse automatically gains legal parent status in Michigan. However, there could be instances where the biological parentage is unclear, or legal proof of parentage is needed.

For example, in divorce cases where one or both spouses want to deny the non-biological spouse legal parental status, or in annulment cases where a husband alleges fraud due to a pregnancy by another man, proving paternity becomes a necessity.

Moreover, a man who believes he’s the father of the child might want to undergo paternity testing to confirm his legal parenthood, gain parental rights, seek custody, and establish a relationship with the child. Women might also need to prove paternity to secure child support or arrange custody.

There are many situations where establishing paternity is beneficial, but it’s important to understand Michigan’s paternity laws and how they apply in different circumstances.

To establish paternity, certain legal procedures are followed when parents aren’t married. These procedures might involve affirming the child’s biological father or establishing legal fatherhood even without biological proof. Paternity can be established through the following ways:

A voluntary agreement by the unmarried parent(s) to name the father of the child, regardless of biological connection.

You might need to turn to the court for assistance to establish paternity, which often involves genetic testing to identify the biological father. Paternity can be confirmed at the time of the child’s birth in the hospital, at a local Michigan Department of Health and Human Services office, the county Registrar’s Office, or online by completing the Affidavit of Parentage form.

If you’re initiating a paternity case, it should be filed in the county where the mother lives. If the mother and child are living outside Michigan, the case should be filed in the county where the potential father resides.

A hearing is held during a paternity case. If the alleged father denies paternity, the mother, supposed father, and child may have to take a paternity test. If the test results are challenged, a trial will determine the paternity.

Once paternity is confirmed, either through testing or court ruling, the judge proceeds to resolve custody and child support issues. This process can be simple or complex, depending on how cooperative the parties involved are.

If the parents agree on matters of custody, visitation, and parenting time, the court includes this agreement in the case. If there’s no agreement, temporary custody is given until a custody hearing takes place. Child support payments are set by the judge based on the Michigan Child Support Formula and can also include extra costs like childbirth and paternity testing expenses.

In some situations, Michigan courts have given parental rights and duties to non-biological parents. For instance, if a man knowingly marries a pregnant woman and acts as the father of the child, he might not be allowed to deny paternity in Michigan.

Paternity cases carry significant implications and call for thorough preparation. It’s highly recommended to hire a qualified paternity attorney in Michigan to help you successfully navigate the process.

Once paternity is established via an order of filiation, the court clerk alerts the director of community health to update the child’s birth record with the father’s details. The mother may also request to change the child’s last name to match the father’s.