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Michigan Complaint/Motion and Affidavit to Revoke Acknowledgment of Parentage

State:
Michigan
Control #:
MI-CC-435
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PDF
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Description

Complaint/Motion and Affidavit to Revoke Acknowledgment of Parentage

The Michigan Complaint/Motion and Affidavit to Revoke Acknowledgment of Parentage is a legal document used to end the parental rights of a father for a child born out of wedlock when there is a dispute as to the biological father of the child. This document is designed to allow a child’s biological mother to terminate the parental rights of the father without having to go through a full court process. The types of Michigan Complaint/Motion and Affidavit to Revoke Acknowledgment of Parentage are: 1. Motion to Terminate Parental Rights: This document is used when the mother and father of a child agree to terminate the father’s parental rights. 2. Complaint to Terminate Parental Rights: This document is used when the mother and father of a child do not agree to terminate the father’s parental rights. 3. Affidavit of Parentage: This document is used to establish the paternity of a child when the mother and father of a child agree to the paternity. 4. Acknowledgment of Parentage: This document is used to establish the paternity of a child if the mother and father of a child do not agree to the paternity. This document is then used in conjunction with the Complaint/Motion and Affidavit to Revoke Acknowledgment of Parentage.

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FAQ

AFFIDAVIT OF PARENTAGE INSTRUCTIONS This form can be used to establish the parentage of a child and may be used to have information on the father of a child added to the certificate of birth for the child. This affidavit may be completed at the time of the child's birth or at any other time after the birth.

To revoke an acknowledgment of parentage, an individual MUST file an action as indicated by ROPA. MCL 722.1007(h). A petition to terminate parental rights to the child has been filed. MCL 722.1443(15).

Parental Rights in Michigan Unmarried fathers have the right to claim paternity (Notice of Intent to Claim Paternity) before or after a child is born. Unmarried fathers have no right to support or visitation if the mother was married during the birth of the child (must mutually establish paternity first).

The birth certificate is the record of the child's birth and is usually created at the hospital when the baby is born. It is not used to establish paternity. If the mother is married when she becomes pregnant or when the baby is born, her husband's name will be put on the birth certificate as the child's father.

Under Michigan law, unless there is a court order, the two parents listed on a birth certificate have equal rights to their child, even if they were never married. Therefore, each parent has the right to take the child on extended vacations or move out of state.

To ask to revoke paternity established by Affidavit of Parentage, you will need to file a Complaint/Motion and Affidavit to Revoke Acknowledgment of Parentage. To ask to revoke an order establishing paternity (called an order of filiation), file a Motion to Set Aside Order of Filiation.

Acknowledgment of paternity is the voluntary process of both parents signing a notarized Affidavit of Parentage (AOP), legally declaring the paternity of a child. The AOP is the Michigan Department of Community Health (MDCH) form DCH-0682 (see Appendix A). A completed AOP sample form is also attached (see Appendix B).

Acknowledgment of paternity is the voluntary process of both parents signing a notarized Affidavit of Parentage (AOP), legally declaring the paternity of a child. The AOP is the Michigan Department of Community Health (MDCH) form DCH-0682 (see Appendix A). A completed AOP sample form is also attached (see Appendix B).

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Michigan Complaint/Motion and Affidavit to Revoke Acknowledgment of Parentage