The Importance of Establishing Paternity in Michigan

 Posted on August 21, 2026 in Paternity

The only way a child’s paternity is automatically established in Michigan is if the mother was married at the time the child was conceived or born (MCL 333.2824). The man the woman was or is married to is automatically presumed by the state of Michigan to be the child’s legal father. If the mother was unmarried when the child was conceived or born, then the parents of the child must take extra steps to establish a legal father for the child. This process can be fraught with confusion and stress, but it is often worth the effort.

At Elkouri Heath, PLC, our Oakland County, MI paternity attorneys have represented parents and families throughout southeastern Michigan for over 20 years. We know how sensitive paternity cases can be, so we approach these cases with compassionate counsel and personalized strategies.

What Are the Benefits of Establishing Paternity in 2026?

There are many reasons why people work to establish the paternity of their children. Without established paternity, there is no legal tie between a father and his child, even if it is truly his biological child. Other reasons to establish paternity include:

• A sense of identity: It is often beneficial for children to know who their parents are. This allows the child to have a sense of identity and paves the way for the child to have a sense of belonging.

• Ties to extended family: Having established paternity also allows the child to know his or her extended family. It is important that children grow up knowing their family members, as it allows the child to develop a sense of family and belonging.

• Financial support: One of the main reasons people seek to establish paternity is for financial support. You cannot get child support from a man if you do not have him established as the child’s legal father. 

• Being eligible for certain benefits: Children have the right to certain benefits that their parents can provide. By establishing paternity, a child may be eligible to receive the father’s health and life insurance, Social Security, pensions, veterans’ benefits, and inheritance.

• Medical information: Establishing paternity can be especially helpful for the child down the road if he or she needs access to the father’s medical history. 

Our firm represents mothers and fathers in paternity cases. If you are interested in establishing legal parentage based on these benefits or other reasons, reach out to Elkouri Heath, PLC.

What Are the Steps to Establish Paternity Through an Affidavit of Parentage?

The easiest way to establish a child’s paternity is by having both the mother and the father sign an Affidavit of Parentage form. This form is a simple legal document that acknowledges who the biological father of a child is. Hospitals often give parents the chance to sign this form shortly after the baby is born. If parents miss that window, they can still complete the form later through the Michigan Department of Health and Human Services or the local county Registrar’s Office.

Once both parents sign the affidavit, it must be filed with the state. After the state processes the form, the father's name is added to the child's birth certificate, and he becomes the child's legal father. 

Signing an affidavit is voluntary, and both parents must agree to sign it. Importantly, the affidavit must be signed in front of a notary or qualified witness. If either parent has doubts about paternity, he or she should not sign the form until those doubts are resolved. A lawyer can walk you through the process and explain what signing the affidavit means for your rights and your child's future.

What Can You Do if Paternity Is Contested?

Unfortunately, not all fathers will voluntarily step up to take care of their parental responsibilities. In that situation, you can file a paternity case to have your child's paternity established. This process usually starts in the circuit court, and it can be filed by the mother, the alleged father, or, in some cases, the state. 

Once a paternity case begins, the court may order genetic testing to confirm whether the man named is the biological father. This test is simple and can be done with a quick cheek swab and blood sample. If the results confirm paternity, the court will issue an order naming the legal father.

A contested paternity case can also address custody, parenting time, and child support at the same time. Those issues may also be handled in a separate filing. A contested case takes more time and can bring added stress for everyone involved, so working with an attorney can help you understand each step and avoid delays. Your lawyer can also help gather documents and prepare you for what to expect in court.

Does Paternity Come With Custody Rights in Michigan?

Establishing paternity is only the first step. It does not automatically grant a father custody or parenting time. Once paternity is legally established, either parent can ask the court to decide custody, parenting time, and child support.

Michigan courts base custody decisions on what serves the best interest of the child. Judges look at several factors, including each parent's ability to provide love, guidance, and a stable environment at home, the child's bond with each parent, and each parent's willingness to foster a continuing relationship between the child and the other parent. The court also considers each parent's mental and physical health, along with any history of domestic violence.

Fathers who establish paternity gain the right to request custody or parenting time, but they also take on the duty of financial support. Mothers benefit from paternity too, since it gives them a legal path to seek child support and share parenting responsibilities.

Contact an Oakland County, MI Family Law Attorney Today

Establishing paternity rights can be long and sometimes tedious, but at Elkouri Heath, PLC, we can guide you throughout the process. Our skilled Novi, MI paternity lawyers can help you with all of the paperwork and legal processes involved in establishing paternity. Call our office today at 248-344-9700 to schedule a free consultation.