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How to obtain an Order for a DNA of a suspected child.

Detroit, MI |

The mother wont let me see the child anymore since Ive moved on and married someelse. I have NO RIGHTS to the child, my name is not on his birth certficate, he has my last name and Im ordered to pay child support. Im not sure if the boy is mine so I want to establish Paternity and obtain rights if he is in fact my son. How do i get the boy tested for DNA.

Attorney Answers 1

Posted

If you are ordered to pay child support then there is a court case that establishes paternity.

However, it may be possible now, due to the recent change in the paternity laws in Michigan, for you ask for a DNA test in order to revoke paternity (MCL 722.1439).

You indicated that this question was being asked from someone in Detroit, Michigan. If you wish to try to file a motion on your own in Wayne County for this purpose, you can find a form motion on the Wayne County Friend of the Court's website at https://www.3rdcc.org/FOC.aspx, Click on Forms / In Pro Per Motions and download the form PACKET FD-FOC4038-Order of Filiation-Judge Motion. (The same forms could potentially be modified for use in other counties.)

You need to hurry!! You may only have until June 11, 2013, to file such a motion!!

So, if you are not comfortable filing a motion like this on your own contact an attorney as soon as you can!

Ellen Paynter Michigan Family Law Attorney (248) 851-7555 phone elpaynter@gmail.com www.YourMichiganLawyers.com Receipt or review of this message does not, under any circumstances result in the creation of any attorney-client relationship whatsoever.

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Posted

I read the Law pertaining to (MCL 722.1439) and is says: "A motion under this section shall be filed within 3 years after the child's birth." The child turned 3 yrs in June, 2012, so It doesnt look like I can request to set aside the Child support order. I want to have the child tested at the very least at this point to determine if he is mine or not and because the mother will not allow me any access to him I cannot have him tested myself. Also, I live out of state. Do I have to File the Forms in-person to Wayne County or can this be done by mail or can I have a representative file on my behalf (family member, attorney, etc.) One more thing, I have requested via mail all of the records from FOC and it looks like I was served papers to appear in court (which I never received) and because I did not appear, the Court granted the mother Sole Physcial Custody if the child and I have no custodial rights to him. Thank you for your responses!!

Ellen M. Paynter

Ellen M. Paynter

Posted

This is a NEW law, that was just enacted in June of 2012. section 2 of MCL 722.1439, provides that you may be able to file this action prior to June 12, 2013, in your situation That is why you must act NOW, or you will lose this opportunity. With respect to how to file, Wayne County does accept filings by mail. However, I have been contacted many times by persons who tell me they mailed a filing to Wayne County Friend of the Court and the FOC says they never received it.

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