How to File a Motion to Determine Child Born Out of Wedlock (Legal Father)

Complete the Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare the following forms:

• Motion by Presumed Father to Determine Child Born Out of Wedlock
• Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)
• Order Regarding Request to Determine Child Born Out of Wedlock
• Order Regarding Motion for Extension of Time to File Action for Revocation of Paternity (if needed)
• Order for Genetic Testing
• Notice of Hearing
• Proof of Service

The instructions below explain which forms you need for each step and how many copies to make.

Some of the steps later in this checklist may have slightly different information for you depending on how you will file with the court. Each court decides how it will accept documents for filing. Contact your court to find out which methods are available. Depending on your court, you may be able to file by: 

• In-person filing
• E-filing using MiFILE
• Mailing or dropping off documents
• E-mail

You can find contact information for your court on the Courts & Agencies page of Michigan Legal Help.

MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-filing. To learn more, read What Is E-Filing?.

You will need to get a hearing date for your motion(s).

If you are filing a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity, you will need to get a hearing date for it and for the Motion to Determine Child Born Out of Wedlock. You may be able to schedule both motions for the same day and time, but the motion for a time extension has to be heard first.

If the only motion you are filing is the Motion by Presumed Father to Determine Child Born Out of Wedlock, ask for a hearing date for this motion.

If you will be filing in person at the court, you can either call the court before filing to get a hearing date, or wait until you are at the court. If you call ahead of time to get a hearing date, fill out the Notice of Hearing with the information you get about the hearing date, time, location of hearing, and name of the judge or referee who will hear the motion(s). Below “for the following purpose,” write the name of the motion scheduled for that day. Check the boxes next to “The defendant is required to attend this hearing” and “The plaintiff is required to attend this hearing.” If you wait until you are at the court to get a hearing date, remember to fill out all copies of the Notice of Hearing. 

If you are not filing in person (such as filing by MiFILE, e-mail, or mail), call the court clerk's office and ask how they would like the Notice of Hearing to be completed. They may give you a hearing date or choice of dates, or they may ask you to leave it blank for the court to assign a date later. If they give you a hearing date, fill out the Notice of Hearing with the information you get about the hearing date, time, location of hearing, and name of the judge or referee who will hear the motion. Below “for the following purpose,” write the name(s) of the motion(s) scheduled for that day. Check the boxes next to “The defendant is required to attend this hearing” and “The plaintiff is required to attend this hearing.”

It will cost at least $20 to file your forms. If you are unable to pay the filing fee, you can ask the court to waive it by filing a Fee Waiver Request.

If your fees have already been waived in your existing family case and there is no final judgment or order in your case yet, you don't have to file another Fee Waiver Request. If there is already a final order (not a temporary order) in your case, you will need a new Fee Waiver Request. You can complete the Do-It-Yourself Fee Waiver to prepare the form.

The clerk of the court must automatically approve your fee waiver if any of these are true:

• You receive public assistance based on having low income (examples: FAP, SNAP, Healthy Michigan, CHIP, ESO, FIP, TANF, WIC, SSI);
• You are represented by a legal services program that receives funding from the Legal Services Corporation or the Michigan State Bar Foundation; or
• You are represented by a law school clinic based on having low income.

If you do not fit into one of these three categories, a judge will review your Fee Waiver Request. The judge must waive your fees if you show that your gross household income is under 125% of the federal poverty level. If your gross household income is over 125% of the federal poverty level, but you show that paying fees would be a financial hardship for you, the judge must also waive your fees.

To learn more, read Fee Waivers in Court Cases.

Sign and date the Motion by Presumed Father to Determine Child Born Out of Wedlock, and if needed, the Fee Waiver Request. If you chose to sign electronically, this is already done. The electronic signature will look like this: /s/ Your Name.

If you are filing a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity, you must sign it in front of a court clerk or notary. A notary can usually be found at a bank or the court clerk's office.

After you sign your documents, make these copies:

• Fee Waiver Request (if needed)—3 copies
• Motion by Presumed Father to Determine Child Born Out of Wedlock —4 copies
• Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)—4 copies
• Order Regarding Request to Determine Child Born Out of Wedlock—4 copies
• Order Regarding Motion for Extension of Time to File Action for Revocation of Paternity (if needed)—4 copies
• Order for Genetic Testing—4 copies
• Notice of Hearing—3 copies
• Proof of Service—5 copies

In some counties the court clerk’s office will make the copies for you. You can call the clerk’s office ahead of time to ask whether you need to make your own copies.

If you are filing either by e-mail or using MiFILE, you will not need to make copies.

Please note that completing the documents on Michigan Legal Help or LawHelp Interactive does not file anything with the court. Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically. To learn more about filing methods that may be available, read Step 1.

If you are filing in person or need contact information for the court, click on Courts & Agencies for the address and phone number of the court.

Pay the $20 filing fee or file a Fee Waiver Request along with:

• Motion by Presumed Father to Determine Child Born Out of Wedlock
• Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)
• Notice of Hearing

If you are filing in person at the court clerk's office, bring one copy of each of the proposed orders. Also bring the forms listed above with copies. If you did not already get a hearing date for your motion(s), remember to ask the clerk for a hearing date. Then fill out the Notice of Hearing and all copies.

Give the clerk all these forms and all copies. The clerk will keep the originals and one copy for the Friend of the Court. The clerk may also keep an extra copy for the judge. The clerk will return the copies the court doesn’t need. 

You must serve the other party with a copy of everything you filed. If the other party has a lawyer, send the papers to the lawyer instead.

Serve one copy of each of the following forms, along with any attachments that you filed:

• Motion by Presumed Father to Determine Child Born Out of Wedlock
• Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)
• Notice of Hearing
• Fee Waiver Request and the decision on your request (if you filed a Fee Waiver Request)

You must serve documents electronically if you can and if the other party has access to e-mail. If you or the other party can't do this electronically, or if you are not sure, you can serve by regular mail. If you serve by mail, send the papers to the other party’s last known address. 

If you are using MiFILE to file documents electronically, your documents will be served electronically as long as the other party is also using MiFILE. If the other party is not using MiFILE, you will need to serve the documents by e-mail, if possible, or by regular mail if electronic options are not available.

MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-filing. To learn more, read What Is E-Filing?.

Service must be completed at least 9 days before the hearing date if you serve by mail or at least 7 days before the hearing date if documents are served by personal delivery or through MiFILE. If you are serving through e-mail, the court rule is not clear about the timeline. To be on the safe side, complete service at least 9 days before the hearing date.

If you are serving documents by e-mail, keep the following rules in mind:

• All documents must be in PDF format;
• The e-mail subject line must include the name of the court, case name, case number, and the title of each document being sent;
• If you e-mail a document at or before 11:59 p.m., it is considered served on that day. If you send the e-mail on a Saturday, Sunday, or legal holiday, it is considered served on the next business day;
• Do not delete any e-mails you send to the other party, especially e-mails that served court documents. You must keep a record of sent items until a judgment or final order is entered and all appeals have been completed.

If you served the papers by personal delivery, mail, or e-mail, complete a Proof of Service form prepared by the Do-It-Yourself Revoke Paternity Established by Marriage. Fill in the date when you served the papers, the name of the person or people you served, and the address or e-mail address where you sent or delivered the papers. Check the boxes next to the names of the papers you served. Then check the box showing how you served the papers.

File the completed Proof of Service. If you are filing in person at the court clerk's office, make two copies. Give the clerk the original Proof of Service and both copies. The clerk will file the original and one copy, and will return the other copy to you. Keep the copy for your records.

If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.

These are brief instructions about attending your court hearing. For more detailed instructions about going to court, watch the Going to Court video.

Go to the court on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Go to the courtroom clerk and tell the clerk your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.

Bring the following forms with you:

• Motion by Presumed Father to Determine Child Born Out of Wedlock

• Order for Genetic Testing and copies

• Order Regarding Request to Determine Child Born Out of Wedlock and copies

• Your copy of the filed Proof of Service

If you filed a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity, also bring it, along with the Order Regarding Motion for Extension of Time to File Action for Revocation of Paternity and copies.

When you are called, go to the place you are directed and answer the judge’s questions clearly and directly. If the other party is at the hearing, they will have a turn to speak.

If the judge makes a decision at the hearing, the judge will probably sign the proposed order(s) at that time. Ask the clerk to stamp the copies. If the courtroom clerk cannot do this, you can ask for the copies to be stamped after the hearing when you go to the clerk’s office.

If the other party is at the hearing, you can serve them with a copy of the order in the courtroom.

The judge may not make a decision at the hearing. Instead, the judge might refer the motion to the Friend of the Court or schedule a trial.

File the signed order or orders.

If you are filing in person at the court clerk's office, also file a copy for the Friend of the Court, and ask the clerk for two copies to take with you. One copy is for you and the other copy is for your spouse or ex-spouse.

If you are filing either by e-mail or using MiFILE, you will not need to make copies.

Unless the other party was served with the order(s) at the hearing, you must serve the order(s) within seven days after the judge signs. Look back to Step 7 for information on how to serve papers. If you file these documents in MiFILE, you can serve the other party through MiFILE at that time.

Complete a new Proof of Service if you served the papers by personal delivery, mail, or e-mail. Fill in the date when you served the papers, the name of the person you served, and the address or e-mail address where you sent or delivered the papers. Check the boxes next to the names of the papers you served. Then check the box showing how you served the papers.

File the completed Proof of Service. If you are filing in person at the court clerk's office, make two copies. Give the clerk the original Proof of Service and both copies. The clerk will file the original and one copy, and will return the other copy to you. Keep the copy for your records.

If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.

If you had to file a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity and the judge denied it, this is your last step. You will continue to be the legal father of the other party's child.

If the judge signed an Order for Genetic Testing, do what the order says. The order most likely includes how the cost of genetic testing should be paid, when testing must be finished, and when the results must be filed with the court.

The judge may also include instructions about where to go for testing. If not, you can search online for genetic testing or DNA testing in Michigan. Search a company’s website (for example, on the “About” page) to make sure it is accredited by the American Association of Blood Banks (AABB).

The judge’s clerk or secretary or the Friend of the Court may also be able to tell you where you can go for genetic testing.

Skip steps 14-18 if you already had a hearing on your Motion by Presumed Father to Determine Child Born Out of Wedlock in Step 9.

If you filed a Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity and you were not able to get the Motion to Determine Child Born Out of Wedlock heard on the same day, now get a hearing date for the Motion to Determine Child Born Out of Wedlock.

If you will be filing the Notice of Hearing in person at the court, you can either call the court before filing to get a hearing date, or wait until you are at the court. If you call ahead of time to get a hearing date, fill out the Notice of Hearing with the information you get about the hearing date, time, location of hearing, and name of the judge or referee who will hear the motion. Below “for the following purpose,” write "Motion by Presumed Father to Determine Child Born Out of Wedlock." Check the boxes next to “The defendant is required to attend this hearing” and “The plaintiff is required to attend this hearing.” 

Make four copies of the completed Notice of Hearing. Go to the clerk’s office and file the Notice of Hearing. Give the clerk the original and all copies. The clerk will keep the original and one copy and return the other copies to you.

If you wait until you are at the court to get a hearing date, remember to fill out all four copies of the Notice of Hearing.

If you are not filing in person (such as filing by MiFILE, e-mail, or mail), call the court clerk's office and ask how they would like the Notice of Hearing to be completed. They may give you a hearing date or choice of dates, or they may ask you to leave it blank for the court to assign a date later. If they give you a hearing date, fill out the Notice of Hearing with the information you get about the hearing date, time, location of hearing, and name of the judge or referee who will hear the motion.

Below “for the following purpose,” write "Motion by Presumed Father to Determine Child Born Out of Wedlock." Check the boxes next to “The defendant is required to attend this hearing” and “The plaintiff is required to attend this hearing.”

Serve the Notice of Hearing

Look back to Step 7 for information on how to serve papers. If you file the Notice of Hearing in MiFILE, you can serve your spouse or ex-spouse at that time.

Skip steps 14-18 if you already had a hearing on your Motion by Presumed Father to Determine Child Born Out of Wedlock in Step 9.

Go to the court on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Go to the courtroom clerk and tell the clerk your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.

Bring the following papers with you to the hearing:

• Motion by Presumed Father to Determine Child Born Out of Wedlock
• Order for Genetic Testing and copies (unless the judge has already ordered testing)
• Order Regarding Request to Determine Child Born Out of Wedlock and copies
• Your copy of the last Proof of Service you filed

When you are called, go to the place you are directed and answer the judge’s questions clearly and directly. If the other party is at the hearing, they will have a turn to speak.

If the judge makes a decision at the hearing, the judge will probably sign the proposed order(s) at that time. Ask the clerk to stamp the copies. If the courtroom clerk cannot do this, you can ask for the copies to be stamped after the hearing when you go to the clerk’s office.

If the other party is at the hearing, you can serve them with a copy of the order(s) in the courtroom.

The judge may not make a decision at the hearing. Instead, the judge might refer the motion to the Friend of the Court or schedule a trial.

The judge may sign the Order for Genetic testing and set a date for a continued hearing. If this happens, please refer to Step 13 for information on how to do genetic testing.

Skip steps 14-18 if you already had a hearing on your Motion by Presumed Father to Determine Child Born Out of Wedlock in Step 9.

File the signed order or orders. If you are filing in person at the court clerk's office, also file a copy for the Friend of the Court, and take the other copies with you.

If you are filing either by e-mail or using MiFILE, you will not need copies.

Skip steps 14-18 if you already had a hearing on your Motion by Presumed Father to Determine Child Born Out of Wedlock in Step 9.

Unless the other party was served with the order(s) at the hearing, you must serve the order(s) within 7 days after the judge signs. Look back to Step 7 for information on how to serve papers. If you file these documents in MiFILE, you can serve the other party through MiFILE at that time.

Skip steps 14-18 if you already had a hearing on your Motion by Presumed Father to Determine Child Born Out of Wedlock in Step 9.

Complete a new Proof of Service if you served the papers by personal delivery, mail, or e-mail. Fill in the date when you served the papers, the name of the person or people you served, and the address or e-mail address where you sent or delivered the papers. Check the boxes next to the names of the papers you served. Then check the box showing how you served the papers.

File the completed Proof of Service. If you are filing in person at the court clerk's office, make two copies. Give the clerk the original Proof of Service and both copies. The clerk will file the original and one copy, and will return the other copy to you. Keep the copy for your records.

If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.

Follow this step if your Motion to Determine Child Born Out of Wedlock has been scheduled for a final hearing or a trial.

These are brief instructions about attending your court hearing. For more detailed instructions about going to court, watch the Going to Court video.

Go to the court on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Go to the courtroom clerk and tell the clerk your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.

Bring the following forms:

• Motion by Presumed Father to Determine Child Born Out of Wedlock

• Order Regarding Request to Determine Child Born Out of Wedlock and copies

If the judge signed an Order for Genetic Testing, bring the test results.

When you are called, go to the place you are directed and answer the judge’s questions clearly and directly. If the other party is at the hearing, they will have a turn to speak. 

Read the article I Am a Legal Father, and I Need to Revoke Paternity of a Child Born During My Marriage for information about what the judge will consider in making a decision.

The judge will sign the Order Regarding Request to Determine Child Born Out of Wedlock at the end of the hearing. The judge will either grant your request to revoke your paternity or deny it. Ask the clerk to stamp the copies of the order. If the courtroom clerk cannot do this, you can ask for the copies to be stamped after the hearing when you go to the clerk’s office.

If the other party is at the hearing, you can serve them with a copy of the order in the courtroom.

File the signed order. If you are filing in person at the court clerk's office, give the clerk the original and all copies of the order. The clerk will file the original and one copy, and will return the other copies to you.

If you are filing either by e-mail or using MiFILE, you will not need copies.

Unless you served the other party at the hearing, you must serve the order within 7 days after the judge signs. Look back to Step 7 for information on how to serve papers. If you file the order in MiFILE, you can serve the other party through MiFILE at that time.

Complete a new Proof of Service if you served the papers by personal delivery, mail, or e-mail. Fill in the date when you served the papers, the name of the person you served, and the address or e-mail address where you sent or delivered the papers. Check the boxes next to the names of the papers you served. Then check the box showing how you served the papers.

File the completed Proof of Service. If you are filing in person at the court clerk's office, make two copies. Give the clerk the original Proof of Service and both copies. The clerk will file the original and one copy, and will return the other copy to you. Keep the copy for your records.

If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.