Michigan The Rights of Presumed (Putative) Fathers

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This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.

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FAQ

If the father does not establish paternity, then he will not be able to make decisions on behalf of the child such as healthcare, education, religion, etc. However, once the courts have validated the petition for paternity, the father is given rights equal to that of the mother and can seek custody and visitation.

In Michigan, if you are married when your child is born or conceived, your husband is the legal father of your child. He is called the legal father or the presumed father under Michigan law. Your husband has all the rights and responsibilities of a parent.

(b) A putative father is an individual alleged to be the natural father of any child born out of wedlock. If the child was born out of wedlock, then the agency must determine what rights the putative father has regarding the child, in order to determine what action is necessary to free the child legally.

In the United States of America, the putative father registry is a state level legal option for unmarried men to document through a notary public any woman they engage with in intercourse, for the purpose of retaining parental rights for any child they may father.

As used in this subchapter: ? ''Father'' means the biological male parent of a child. ''Putative father'' means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.

(a) The child has been deserted under either of the following circumstances: (i) The child's parent is unidentifiable, has deserted the child for 28 or more days, and has not sought custody of the child during that period.

A putative father is a man who might be a child's biological father, but is not the legal father. For example, if a man has sex with a woman who he is not married to, and that woman has a child, that man would be a putative father.

Under Michigan law, a man may be a putative (presumed or alleged father) or a legal father. A putative father is generally the father of a child born to an unmarried woman. A legal father may be the husband of the birth mother or he may be a man who has been declared legal father through a paternity action.

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Michigan The Rights of Presumed (Putative) Fathers