When presented with an Affidavit of Parentage, a father should first read the document very carefully. See Michigan's Affidavit of Parentage at:

http://www.michigan.gov/documents/Parentage_10872_7.pdf .

Any father who does not understand the Affidavit or is uncomfortable with anything in the Affidavit should seek legal advice before signing.

Important Rights are Waived By Signing an Affidavit of Parentage.

By signing an Affidavit of Parentage, a father waives the following rights:

· The right to blood or genetic tests to determine if he is the biological father.

· Any right to a court appointed attorney to represent him in a court to determine if he is the biological father.

· The right to a trial to determine if he is the biological father.

These are very important rights, and a father must understand these rights completely and be comfortable waving them before he signs the Affidavit.

Benefits of Signing the Affidavit of Parentage.

There are definite benefits to signing the Affidavit of parentage. If a father signs the document, he establishes himself as the child's father. He can put his name on the child's birth certificate and assert his custody and parenting time rights.

An Affidavit of Parentage Can Be Set Aside Under Certain Circumstances.

If a father mistakenly signs an Affidavit of Parentage or later finds out that he is not the father of the child, he may be able revoke his acknowledgement of parentage. In order to do so, he must file an action with the appropriate Court and request the Court revoke the acknowledgement. However, if an individual has held himself out as and acted as the child's father for a substantial period of time, he might not be successful in revoking the acknowledgement.

The Affidavit of Parentage and Custody, Parenting Time and Child Support

The Affidavit of Parentage gives the mother initial custody of the child and does not grant the father parenting time with the child. In order for the father to assert his rights for custody and parenting time he must file a custody case with the appropriate Court. The court order entered with the Court is generally referred to as an Order of Filiation, which is an enforceable court order concerning custody, parenting time and child support. A father must have this order, or its equivalent, to enforce his custody and parenting time rights.

A father does not eliminate his child support obligation by not signing an Affidavit of Parentage. A father will not be required to pay support if he does not acknowledge that he is the father of the child. However, a child support case can be initiated by the mother or the State of Michigan. A mother may initiate her own court case to establish paternity and request a child support order. The State of Michigan will initiate its own court case to establish paternity and enter a child support order if the mother or child are receiving any assistance from the state (cash assistance, food assistance, Medicaid, etc.). A father must understand that the child support order could be retroactive all the way back to the birth of the child leaving the father with a substantial child support arrearage.

The Best Way to Overcome Legal Obstacles is to be Proactive.

Every father needs to be proactive and have a plan in place to assert his rights as a father before the child is even born. By seeking legal guidance, understanding his rights and having a plan in place, an unmarried father can overcome his legal challenges and focus on enjoying fatherhood.

There are many other things an unmarried father needs to know. Contact us or another qualified attorney for more information and assistance.