Winnebago, IL asked in Child Custody, Child Support and Family Law for Michigan

Q: How does the friend of the court work in regards to paternity, custody, and child support?

I am currently wanting to leave my husband due to physical, mental, and emotional abuse. We have two children together one that is 16 months and the other that is 2 months. He didn't sign the birth certificate for the 16 month old when she was born and we were not married when I had her. We were married however when I had my 2 month old. He has not made any effort to contact me in regards to seeing the kids or nothing.

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: The 2-month old's paternity is clear: he or she was born during the marriage and so your husband is by default the father whether he acknowledges it or not. The paternity of your oldest child is less clear, and you may eventually need a court ordered DNA test if your husband challenges paternity.

If you are planning for a divorce, it would seem that you could list both children, and paternity would be determined through that proceeding.

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