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RESOURCES - SINGLE AND DIVORCING PARENTS

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There may be some remedies for your son, but many more facts are needed to determine that. Please call Ginger at my office Monday through Friday from 9 AM to 2 PM to schedule a telephone consultation. 1-231-275-5600

I would like to know how to get help for my son. He was married to a woman that cheeted on him so he left and didn't see her again, but before they got divorced she got pregnet. My son was fixed in 2000 and that was before he met her. But because the state of Michigan assumes that because they married still the child is his. My son has never seen this child nor did he ever sign the birth cert. And he went in 2009 and was tested again and he still can't have kids. But the judge said that was irrelavent. And still say he is the legal father. Is there anything he can do?

Dear Anne Marie Trombley,

You might go back and re-read my posts. Your impressions about what I have said are 180 degrees from the truth. I don't condemn fathers who raise children they know are not their own. Thank goodness there are some of those angels out there.

My posts speak only to the issue that as a matter of law, a man who procreates a child with a woman who is married or who marries after conception and before birth has no legal rights. Do I feel sorry for him? No. He should have kept it in his pants. Do I feel sorry for him in some instances (woman goes back to husband to cut bio dad out of the picture or mom marries another man after procreation and before birth just to cut the bio dad out of the picture) . . . well, in a way he (the bio-dad) may be taken advantage of. But the bottom line is that responsible procreation is the only way to create legal parentage.

I doubt you will post this. I think your views on paternity are 100% wrong. There are dads out there who ACCEPT the fact they arent the childs father and pay support. Why would you break a bond between a child ( and the only father he/she has known?) Every situation is different. Why hurt an INNOCENT child all because of the almighty dollar? I knew a man who KNEW he was not the girls father, when he and the mother were divorced he paid child support, what in your eyes is he an idiot? Not in mine he thought about what was in the best intrest of the child.Its too bad you dont!

Chris,

As you can see, the Acknowledgment of Parentage Act does contain some methods by which acknowledged dads might, under the specified circumstances -- after considering the equities -- be able to disestablish paternity. As you can see by this case, the longer the man has been actively involved in a child's life, the greater the potential for a trial court to decide that the equities of the case do not warrant leaving the child without him as a father (and as a support father).

I see the rationale of this case applying to dads who were married. I may be able to give you an update in a few weeks, as I am arguing for disestablishment of paternity in a case right now where DNA proved nearly 40 years ago that Husband was not the dad. Trouble was that the ball was dropped in the Michigan Court.

My belief is that where a mother has known all along that her husband is not the father, and where another state (in a support action) held he was not the father and dismissed her support case with prejudice, the mother should not be able to enforce her right to collect support from that man.

Great post. I enjoy reading your blog. I think what is interesting here is that the parties were not married. What would have happened had they been married?

In Texas, for the longest time, once a divorce decree was entered and a man was "found" or "adjudicated" to be the father of the child he was stuck. He was obligated to support the child even if it was later found that he was not the father through DNA testing. I had a few cases like this and the results were never good for the husband.

Texas has changed the law now and a father who signs an acknowledgment of paternity or who is adjudicated the father of the child basically has four years to contest paternity. There are MANY limitations to this, but this is the general rule.

Under your fact, in Texas, he would be out of luck and most likely continue to be obligated to support the child.

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