Watch
Out for a Paternity Act in Your State
Menstuff® has compiled the following information on Paternity
Acts in California and Michigan
The Paternity Opportunity Program of
California
What is The Michigan Paternity
Act?
Establishing Paternity
Home Paternity Test goes
Nationwide
Paternity
Leave
The Paternity Opportunity Program of
California
What is a Declaration of Paternity?
It is a legal document that, when signed by both parents, says the man is the natural father of the child.
How Can a Declaration of Paternity Help Me?
When the parents of a child are not married at the beginning of the pregnancy or at the birth of the child, the father may NOT be considered a legal parent with rights or responsibilities for the child. Even signing the child's birth certificate will not make him the legal father. To help you gain legal rights as your child's father, you can sign the Declaration of Paternity. In most cases, signing the form will make it easier to establish paternity in court later.
Why should I sign the Declaration?
What Does it Mean when I sign the Declaration?
After both parents have signed the Declaration of Paternity, the form and other appropriate paperwork may be filed with the court to establish paternity. Once paternity is established, you will have the legal rights and financial responsibilities of a parent under California law. Signing this declaration will help your child have the same rights that he or she would have if you were married to the other parent. (Editor: Notice they stay away from talking about you having any rights.)
How do I Fill Out the Declaration?
Sections A, B and D should be filled out by the parents of the child. The witness will fill out section E. See the instructions on the declaration for more details.
What do I do if I have More Questions?
For more information about the Declaration of Paternity,
establishing parentage or child support, please contact the local
District Attorney Family Support Office or legal services
organization. (1/95)
What is The Michigan Paternity Act?
The Act defines “child born out of wedlock” as:
“a child begotten and born to a woman who was not married from the conception to the date of birth of the child, or a child that the court has determined to be a child born or conceived during a marriage but not the issue of that marriage.”
Thus, there are two ways in which a child can be considered a “child born out of wedlock,” and a putative father can seek paternity under the Paternity Act only if the child falls into one of the two categories.
As to the first category—that of “a child begotten and born to a woman who was not married from the conception to the date of birth of the child" the Michigan Court of Appeals has interpreted this language as requiring the mother to have been continuously unmarried from conception to birth in order for the child to be deemed born out of wedlock.
As to the second category—that of “a child that the court has determined to be a child born or conceived during a marriage but not the issue of that marriage" the Michigan Supreme Court has interpreted this language to require a court determination that the child is not the issue of the marriage prior to the putative father filing his complaint seeking paternity.
If you lose this case what might this mean for others?
My attorney's answer this question well with these statements:
"In the case at bar, the Plaintiff sought a determination in a timely manner. He filed his suit while the Defendant was unmarried. Rather than answer the complaint, the Defendant got married."
"If the Defendant's reasoning holds, there would be no meaningful opportunity to have a determination of paternity made. There is no practical way to prevent a biological mother from marrying another man. Even if the court were to grant a temporary restraining order, the mother could violate the order, accept the penalty, and still hold the presumption against the biological father."
"Such action raises an interesting equal protection argument. Suppose the roles were reversed. The Paternity Act allows unwed mothers to enforce support obligations upon biological fathers regardless of whether the father is married to another women. To satisfy notions of equal protection, this ought to be impossible."
I'll note that I also signed the Affidavit on February 19, 2003, almost 3 months before he was born. I talked to my first attorney September 5, 2002 and again in December. I talked with a former judge and over 10 attorneys in all.
I have followed everything "by the book", more than most ever do, to the extent that my case is considered a precedence. My son Caleb is over 5 months old now and has never heard, nor seen his biological father. How can anyone else expect anything more in a similar circumstance without a change?
Virtually everyone I have talked with does not know this law
exists. The few that are aware do not understand it and how it can
affect their lives.
Source: www.theloveofmylife.orghttp://www.theloveofmylife.org
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