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Michigan paternity for a child born in a marriage but not of the marriage?


Ok For months now I've been trying to find help. I don't have money for a private attorney and legal aid tells me there's nothing I can do. I have a child with a woman who is legally married in michigan. I have a legal DNA test proving that he is my child. However I have no means for a private attorney who can get this into the courts for me. I've called the friend of the court the prosecutors office legal aid and private attorneys. The only ones that will help are the Private attorneys but i can not afford to pay one to represent me. So is there any way I can establish paternity without paying money that I don't have? The husband doesn't seem to want to do anything about it and neither does my son's mother. So i'm hoping someone out here can give me some information or something that will help me.

What i'm trying to do is to establish paternity so that I'm the child's legal father and I have visitation rights. I've been to the court house to the friend of the court. They told me that I can't petition through them because he has a legal father and that unless he dis establishes paternity I can't establish it without a lawyer. I can afford to support my child. I work an almost full time job and buy whatever is needed for him. But I can't afford to give someone 3,000 dollars just to get my name on the birth certificate. The test that I did was through a legal DNA testing company that I got the name from the person at the court house. I paid 500 bucks just to get it done and be satisfying to the courts.

You absolutely do not need an attorney to establish paternity. You need to file a paternity complaint in the county where the mother lives. You could find examples of a complaint and information about the rules for filing pleadings in your county at a local public law library. See the second site below for the locations.

wow what a rats nest you got yourself into
one thing you don't mention is what your goal is
you have a dna test, I don't know what you mean by "legal"
if you are trying to establish paternity
there is no hurry
if you are looking towards shared custody,
well like you said you have no money for a lawyer
or to support a kid at this time

If you have a legal DNA test that establishes paternity. Most places if not all you can represent yourself in court and if all you are trying to do is prove paternity to see the kid or something you would be fine representing yourself just with the legal DNA test you have.

If you have the DNA test, have you should setup a voluntary child support order. If they ever get a divorce, she can still slap you with retroactive child support all the way back to the birth of the child, under Michigan law. In 1998, a Michigan woman did that to a man who was 12 when she had his baby, but her husband thought it was his at the time. Fourteen years later, during a divorce, he challenged for custody, only to learn he was not the father. She got 14 years in retroactive child support from the bio-dad, based on his income at the time, over $80,000.

Unfortunately, not using an attorney is going to be difficult.

As a single man, you have NO ASSUMED RIGHTS to the child. Watch the movie trailer at the link below about a single father. 岬?br>
But, some recent material shows there鈥檚 a possible option that you could file for custody even before the child is born, in the state where the child was conceived.

Get an order enter forcing a DNA test, unless one has already been done.

DO NOT PAY ANY KIND OF SUPPORT FOR THE CHILD UNTIL A DNA TEST IS DONE, AS IT ACKNOWLEDGES YOUR FINANCIAL RESPONSIBILITY FOR THE CHILD.

Once you begin paying child support, regardless of whether you are the father or not, you can be required to continue paying.

If you are paying without a court order, it can be considered a gift, with you ordered to repay for the same time period, especially if she's on Welfare, up to 18 years worth.

If one has not been done, go to the child support enforcement to setup a voluntary order. Wait for them to file against you will result in you paying all court costs of up to $5000.岬?岫?br>
Take a certified parenting course. The court is going to order you to take it anyway, so by showing you鈥檝e taken it only looks good to them.

Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand.

Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You鈥檙e that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state. Now, you can't just record, you also have to transcribe it into the daily journal.岫?br>
If you are being denied access, write her a letter notifying her of intent to exercise visitation on a specific date, like Saturday 10 AM to 6 PM. Sign it and make three copies. Mail the original Certified Mail and the other with Delivery Confirmation (75垄 + postage). If she rejects the one, she still receives the other. Whether the Certified Mail confirmation card or the Certified letter comes back, attach it unopened to a copy of the letter, plus a printout of the Delivery Confirmation from the web link below.岬?br>
When you file for visitation rights, take these documents to the County Courthouse. Have the Clerk of the Court notarize it and than place it in your case file. Do this three times before considering going to court. When you do go to court, the judge will these letters while preparing for the hearing.

When you show up to pick up the child(ren), bring witnesses. Do not enter her place alone. If you can record, have someone video record. Check the site below to see if it is illegal to record audio and/or video without the mother knowing. If her state does not have a law either way, than it defaults to the federal ruling, which says one person in a conversation, must know they are being recorded. THAT鈥橲 YOU!

The court will order you into mediation, so take the lead first and suggest it to her. Instead of hiring attorneys, going to a mediator, you can hammer out an agreement. A mediator is an attorney or paralegal with certified training as a mediator. You each have to pay half the fees in order for the mediator to have the appearance of being unbiased.

If you and the mother are civil, consider Bird Nest Custody. In this the child lives in one home and each parent live there for 3-4 weeks, than switch. You live with friends, family, rent a room, etc. on the off time. In this manner, your child鈥檚 life is not disrupted. They are not being shifted back and forth. They keep their own room, friends, school, etc. It is hard on the parents, but than the child comes first. This is the form of custody rocker Ted Nugent had.岬?br>
If you want to learn how to do all this go to Dads House in Yahoo Groups. Upon joining, you will receive a link to an educational manual that can teach you what you need to know. Take the time to learn what you can and should do.岬?br> ***********************************
岬?Fathers Rights: The Movie
http://vids.myspace.com/index.cfm?fuseac...

岬?United States Post Office: Delivery Confirmation
http://www.usps.com/send/waystosendmail/...

岫?Can We Tape
http://www.rcfp.org/taping/

岬?Bird Nest Custody
http://groups.yahoo.com/group/GiveKidsAC...

岬?Child Support Calculator
http://www.alllaw.com/calculators/Childs...

岫?Child Support Laws - At What Age Does Child Support Stop?
http://www.child-support-collections.com...

岬?Dads House
http://health.groups.yahoo.com/group/Dad...


拾 JURISDICTION OVER AN IN UTERO CHILD
http://www.hiltonhouse.com/articles/In_U...

Other sites to check
Fathers & Families
http://www.fathersandfamilies.org/

Parental Alienation Syndrome
http://www.parentalalienation.org/

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