It seems that a biological father has no claim to his daughter according to Michigan’s current paternity act, which was written in the 1950′s before DNA testing was available.
This video indicates what the problem is, why it has happended and offers potential insight to others in similar paternity circumstances.
A local paternity case and others like it throughout the country are raising a firestorm of questions and concerns. State legislatures and judges are grappling with questions that go to the heart of what defines being a father.
Pennsylvania says Mike is the father of his child – even though he can prove he’s not the biological father. When his daughter was 2-years-old, Mike found out his wife was having an affair. But his wife told him she would end it, and assured him that their child was his.
However, two years later, he found out that the affair was still going on and he demanded a paternity test. “Got the results back and it was zero percent chance that I could be the biological father,” said Mike.
Mike filed for divorce and after it was granted – his ex-wife remarried. But in the meantime, she sued Mike for child support even though DNA proved that he was not the biological father. He went to court expecting an open and shut case.
He was not the biological father; in fact, the child was now living with her biological father. And yet, to his surprise, Judge David Wecht ruled that Mike had to pay child support – that under state law Mike was in fact the father of the child.
Wecht says what may appear to be an obvious case is less so under state paternity law, which says that when a child is born into an intact marriage the husband in that marriage is presumed to be the father. The law pre-dates DNA testing and Wecht could not consider that evidence.
First off I have learned my lesson the hard way. I don’t know who my child’s father is. I’m trying to get paternity established because I’m not the only one responsible for the child. I have notified all the “alleged” fathers and all except one is willing to do a paternity test.
The one who refuses to do it is the one the child looks exactly like. I had broke up with him because I found out he was married. I didn’t know I was pregnant at the time. I informed him and the “alleged” fathers that I was pregnant and wanted a paternity test done.
I’ve got all the information on all of them including the married one.The married one got divorced and remarried 30 days after divorce was final. I told him I filed for paternity and child support. He said the child isn’t his.
I have made attempts for him to see the child and he hasn’t been around for the attempts. How should I deal with him if he is the father of my child?
He has two other children 18 and 16 but has little involvement with them.
I have been married for about four years and recently discovered by using a home paternity test that my year and a half old daughter is not actually mine. My wife confessed that she had been with another man at approximately the apparent time of conception.
We have decided to stay married, but I would like the alleged father to take a paternity test to validate this and make sure my daughter knows her real father. But the alleged individual will not take a DNA test willingly.
Can I have the courts decide paternity? And since we are still married, can he be forced to pay child support?
My obstetrician and gynecologist asked for the family medical history of both biological parents and the father (alleged).
The presumed father at this time will not provide this information. Is there a legal way to be able to obtain this information until DNA test have been acquired and paternity proven?