In Michigan communities such as Lansing, St. Johns, Charlotte, and Ionia, families sometimes face unexpected legal challenges involving paternity. In Michigan’s law, paternity is called parentage. Michigan’s Revocation of Parentage Act (ROPA) was established to handle issues regarding legally established paternity. Understanding how this law works, and when it applies, is crucial for parents in counties around Ingham, Clinton, Eaton, Jackson, Livingston, and Ionia.
If you believe that you need to revoke an Acknowledgment of Parentage or set aside a paternity determination, here is some information that you should know from Family Law Attorney Brandy J. Thompson.
What Is the Revocation of Parentage Act?
Michigan’s Revocation of Parentage Act (ROPA) (MCL 722.1431 et seq.) is the legal process to challenge prior established paternity. This may involve revoking an Acknowledgement of Parentage (AOP), disproving genetic (DNA) paternity, or ruling out the presumed father (the husband of the mother at the time of conception or birth) based on new facts. Actions under ROPA must be filed within three years of the birth or within one year after signing the AOP.
A Michigan Affidavit of Parentage (Form DCH-0681) is a voluntary legal document signed by unmarried parents to establish legal paternity, allowing the father’s name on the birth certificate and establishing rights to child support, custody, or parenting time. It requires notarization and witnesses, often signed in the hospital, but can be completed later. It establishes legal fatherhood, but does not automatically grant custody to the father. To the contrary, the AOP gives the mother custody until a court determines otherwise.
An action under ROPA is filed by:
- The acknowledged father (a man who signed the AOP),
- The child’s mother,
- An alleged father (a man who could be the father), or
- A prosecuting attorney.
Grounds for Revoking an Acknowledgment of Parentage in Michigan
To revoke an AOP in Michigan, the burden of proof is on the requesting party (the person seeking revocation). They must present clear and convincing evidence (meaning there is a high probability) that the acknowledged father is not the child’s biological father. The moving party must file an affidavit alleging one of the following:
- Mistake of fact
- Newly discovered evidence (such as DNA results unavailable at the time of signing)
- Fraud
- Misrepresentation or misconduct
- Duress
What If DNA Testing Proves the Acknowledged Father Is Not the Biological Parent?
Even if DNA testing confirms that the acknowledged father is not the biological father, the court can still refuse to revoke the AOP if doing so would not be in the child’s best interests.
Under MCL 722.1443(4), the court will weigh several factors, including:
- The length and quality of the relationship between the child and the acknowledged or presumed father,
- The age of the child,
- The risk of emotional harm,
- The timing and nature of how the truth was discovered, and
- Any other relevant factors.
Can a Judgment Under ROPA Terminate Child Support Obligations?
Obtaining a judgment under ROPA does not automatically eliminate prior child support obligations. The person who has the child support obligation must file a motion with the court requesting that the obligation be terminated. The Michigan Court of Appeals found that a ROPA judgment can be used as grounds to seek relief from child support orders.
Filing a Revocation Case in Michigan
Revocation cases must be filed in the circuit court of the county where the child or mother resides. So if you live in Ingham County (Lansing), Clinton County (St. Johns), Eaton County (Charlotte), or Ionia County (Ionia), your case will be heard in your local circuit court’s Family Division.
Contact us Today!
Challenging paternity under Michigan’s Revocation of Parentage Act is not simple, but it may be necessary in situations involving fraud, mistake, or newly discovered facts. Because these cases are fact-specific and emotionally charged, it’s essential to work with an attorney experienced in Michigan family law. At The Kronzek Firm, we understand how difficult these types of cases are and the toll it takes on families. Whether you are in Ingham, Eaton, Clinton, or Jackson County or elsewhere in Michigan, we are here to advise you on the best way to handle this type of legal issue.
Contact our Lansing office at (517) 886-1000 to schedule a consultation and discuss the best legal path forward for your family. You can also send us an email at contactus@kronzek.law at any time.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]