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

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

• Motion by Alleged Father to Determine Child Born Out of Wedlock
• Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)
• Motion to Intervene (Revocation of Paternity)
• 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 Regarding Motion to Intervene
• 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 these instructions 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 motions.

If you need to file a Motion for Extension of Time to File Action for Revocation of Paternity, you can get one hearing date for it and the Motion to Intervene—the motions can be heard one after the other. They must be heard before your Motion to Determine Child Born Out of Wedlock, but you might also be able to schedule the Motion to Determine Child Born Out of Wedlock for the same date.

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. 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 following forms:

• Motion to Intervene
• Motion by Alleged Father to Determine Child Born Out of Wedlock
• Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)
• Fee Waiver Request (if needed)

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) — 4 copies
• Motion by Alleged Father to Determine Child Born Out of Wedlock — 5 copies
• Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed) — 5 copies
• Motion to Intervene (Revocation of Paternity) — 5 copies
• Order Regarding Request to Determine Child Born Out of Wedlock — 5 copies
• Order Regarding Motion for Extension of Time to File Action for Revocation of Paternity (if needed) — 5 copies
• Order Regarding Motion to Intervene(if needed) — 5 copies
• Order for Genetic Testing — 5 copies
• Notice of Hearing that you filled out in Step 2 — 4 copies
• Proof of Service — 4 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 Alleged Father to Determine Child Born Out of Wedlock
• Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)
• Motion to Intervene
• 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 child’s legal father and mother with a copy of everything you filed.

Mail or give one copy of each of the following papers to the legal father and the mother:

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

• Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)

• Motion to Intervene

• Notice of Hearing

• Fee Waiver Request and the decision on your request (if you filed a Fee Waiver Request)

Mail these papers to each person’s last-known address by first-class mail at least nine days before the hearing date. Or deliver the papers in person at least seven days before the hearing.

On one of the Proof of Service forms, fill in the date when you served the papers, the names of the people you served, and the addresses where you mailed the papers or gave them to each person. Check the boxes next to the names of the papers you served. Then check the box showing whether you served the papers by mail or in person. Date and sign the completed Proof of Service and make two copies.

Return to the court clerk’s office and 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 stamped copy to you. Keep the copy for your records.

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 papers:

• A copy of your Motion to Intervene

• A copy of your Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity (if needed)

• Any other party’s response that you received

• Order Regarding Motion to Intervene and copies

• Order Regarding Motion for Extension of Time to File Action for Revocation of Paternity and copies (if needed)

• Order for Genetic Testing and copies

• Your copy of the filed Proof of Service

When you are called, go to the place you are directed and answer the judge’s questions clearly and directly. If the legal father and the mother are 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 parties are at the hearing, you can ask the judge to 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 your motion(s) to the Friend of the Court.

File the signed order or orders with the circuit court clerk’s office. The clerk will keep the original and one copy and will return the other copies to you. Keep one copy for your records.

Unless the judge or court staff gave a copy of the order(s) to the other people involved in the case, you must serve the order(s). Mail or give the legal father a copy of the order(s) within seven days after the judge signs them. Also mail or give the child’s mother a copy of the order(s) within seven days.

Complete a new Proof of Service and file it with the clerk’s office. Refer to Step 8 for instructions.

If the judge denied your Motion to Intervene or Motion and Affidavit for Extension of Time to File Action for Revocation of Paternity, this is your last step. The child’s legal father will remain the legal father.

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 in Michigan" 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.

Get a hearing date for the Motion by Alleged Father to Determine Child Born Out of Wedlock. (You filed this motion at the beginning of the case.)

Contact the court clerk’s office in your county to get the hearing date. In some counties you must contact the judge’s clerk for a hearing date.

Fill in the new 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 Alleged Father to Determine Child Born Out of Wedlock.”

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. Keep one copy for your records.

Mail a copy of the Notice of Hearing to the child’s legal father. Mail another copy to the mother. Mail the Notice of Hearing to the person’s last-known address by first-class mail at least nine days before the hearing date. Or deliver the paper in person at least seven days before the hearing.

After you mail the copies of the Notice of Hearing, complete a Proof of Service and file it with the clerk’s office. Refer to Step 8 for instructions.

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 Alleged Father to Determine Child Born Out of Wedlock

• Any other party’s response that you received

• 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

If genetic testing has already been ordered and completed, bring a copy of 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 legal father and mother are at the hearing, they will have a turn to speak. When someone else is talking, take notes. Do not interrupt. After the other parties are done speaking, you will have another chance to talk. Taking notes will help you with this.

Be prepared to say why the legal husband’s paternity should be revoked. There are certain things you have to prove. To learn more, read I Want to Become the Legal Father of a Child Born During a Marriage.

The judge may sign the Order Regarding Request to Determine Child Born Out of Wedlock at the end of the hearing. If so, the judge will either grant your request to revoke the legal father’s paternity or deny it.

If the judge did not order genetic testing at the last hearing, the judge may sign the Order for Genetic testing and set a date for a continued hearing or trial. If this happens, refer to Step 12 for instructions on doing genetic testing.

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 parties are at the hearing, you can ask the judge to serve them with a copy of the order in the courtroom.

File the signed order with the circuit court clerk’s office. The clerk will keep the original and one copy and will return the other copies to you. Keep one copy for your records.

Unless the judge or court staff gave a copy of the order to the other parties, you must serve the order. Mail or give the legal father a copy of the order within seven days after the judge signs it. Mail or give the mother a copy of the order, too.

Complete and file a new Proof of Service. Refer to Step 8 for instructions.

Skip this step if the judge has already signed the Order Regarding Request to Determine Child Born Out of Wedlock.

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

Follow Step 14 for instructions on going to the hearing. The judge will most likely 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 the legal father’s 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 parties are at the hearing, you can ask the judge to serve them with a copy of the order in the courtroom.

After the hearing, follow Step 15 to file and serve the signed order and file a Proof of Service.

If the judge denied your Motion to Determine Child Born Out of Wedlock, the mother’s husband or ex-husband will continue to be the child’s father.

If the judge granted your motion and revoked the legal father’s paternity, the judge also may have entered an order naming you as the new legal father. If this did not happen, you will need to take extra steps to make sure you become the legal father. To learn more, read I Want to Become the Legal Father of a Child Born During a Marriage.