When unmarried parents have a child, there are sometimes additional hurdles to jump through in order to show that the man is, in fact, the biological father of the child. Proof of parentage is important for a number of reasons, including establishing visitation rights or child support responsibilities. But if one parent is not amenable to the paternity determination, a paternity dispute often results.
Like any new father, Kayne West was excited to announce that he and Kim Kardashian are expecting Hollywood's newest baby. But the excitement may soon turn to frustration as the couple deals with complications stemming from Kardashian's marriage to basketball star, Kris Humphries. A paternity dispute in the media spotlight is something the couple probably wants to avoid.
There are a number of reasons why someone might request a paternity test. A mother may be seeking child support from the father or a father may want to establish himself as a biological parent. The issues generally only affect unmarried parents, but new technology could play a big role in paternity disputes and other family law matters.
When parents are not married, there is no assumption of parentage, and it may become necessary to determine the paternity of a child. Under a previous Michigan law, the husband was presumed to be the biological parent of children born during marriage. But this law no longer stands. Michigan's governor recently signed a new law that allows biological fathers the ability to pursue their rights as a parent.
It sounds like a movie script. A judge in Genesee County faces a lawsuit by another attorney for failure to pay child support. The attorney claims that the judge is the father of her two children but that he did not help support the children. Ironically, the judge is renowned for being an advocate for responsible fathers.
On June 12, 2012, Gov. Snyder signed into law the "Revocation of Paternity Act," which changed years of firmly established law concerning a putative father's ability to seek custody rights to children born or conceived during a marriage. Under the old paternity act (established in 1956), husbands were given legal rights to the children of their wives, regardless of whether or not the husband was the biological father. Unless a court had determined that a child was not the child of a marriage, a biological father had absolutely no right to petition the court to seek custody or visitation with his child. The new legislation permits a biological father to establish paternity of a child born or conceived during a marriage provided certain specific circumstances exist. A motion under each section must be filed within 3 years after the child's birth or within 1 year after the date of the order of filiation, whichever is later. Upon request, a court may extend the time for filing an action or motion under this act.