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

Complete the Do-It-Yourself Revoke Parentage 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 Parentage (if needed)

• Motion to Intervene (Revocation of Parentage)

• Order Regarding Request to Determine Child Born Out of Wedlock

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

• Order Regarding Motion to Intervene

• Order for Genetic Testing

• Notice of Hearing

• Proof of Service

Next, contact your court to find out which filing methods are available. Completing the forms on Michigan Legal Help or LawHelp Interactive does not file anything with the court. You must download your forms and file them. You will file many of your forms in Step 5 below, so don’t file anything yet. For now, just find out how you’re going to file.

Depending on your court, you may be able to use:

• In-person filing

• E-filing with MiFILE

• E-filing using the court’s own e-filing program

• Mailing or dropping off documents

• E-mail

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?.

It will cost at least $20 to file your forms. If you can’t afford the fee, you can file a Fee Waiver Request to ask for permission to file without paying fees. You can use the Do-It-Yourself Fee Waiver to get a Fee Waiver Request form. You will file it in Step 5.

To learn more about the fee waiver process, read Fee Waivers in Court Cases.

Sign and date the Motion to Intervene, the Motion by Alleged Father to Determine Child Born Out of Wedlock, and if needed, the Fee Waiver Request. If you signed 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 Parentage, 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 the following copies if you will be filing in person at the court:

• 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 Parentage (if needed) — 5 copies

• Motion to Intervene (Revocation of Parentage) — 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 Parentage (if needed) — 4 copies

• Order Regarding Motion to Intervene — 4 copies

• Order for Genetic Testing — 4 copies

• Notice of Hearing — 4 copies

• Proof of Service — 4 copies

Write “Judge’s copy” at the top of one copy of the Motion by Alleged Father to Determine Child Born Out of Wedlock. If you are also filing a Motion and Affidavit for Extension of Time to File Action for Revocation of Parentage, write “Judge’s copy” at the top of one copy.

If you will be filing and serving papers electronically, you will not need copies.

If you still need to find out how to file, go back to Step 1. Once you know how you will file, check Step 4 to make sure you have enough copies. 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.

At this stage in the case you will be filing 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 Parentage (if needed)

• Notice of Hearing

However, before you file, you will need to get a hearing date and other hearing information, and fill out the Notice of Hearing. Read more below.

The Do-It-Yourself Tool also gave you several other forms besides the three listed above. Those forms are for later in the case. Keep them for now, and the instructions will tell you when to use them.

-Get a hearing date (or dates) and complete your Notice of Hearing

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 Parentage along with the Motion to Determine Child Born Out of Wedlock, you may be able to schedule both motions for the same day and time.

In many courts you will need to ask the court clerk for a hearing date and then fill out the Notice of Hearing yourself. In these courts, you will fill out the following information on five copies of the Notice of Hearing: the hearing date, time, and location, and the judge’s or referee’s name. Below “for the following purpose,” write the name of the motion(s) you are scheduling 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.”

Other courts may assign a hearing date and fill out the hearing information for you.

If you are filing in person at the court, you can get the date and time for your hearing from the court clerk when you file. Sometimes they will give you a specific date, and other times they will give you dates to choose from. If the court will be assigning a date and filling out the Notice of Hearing for you, they will let you know.

If you are filing by e-filing, e-mail, or mail, call the court clerk's office and ask how they would like you to complete the Notice of Hearing. They may give you a hearing date or they may ask you to leave it blank for the court to fill out later. If they give you a hearing date, use this information to complete the Notice of Hearing.

-File your forms

If your fees are not already waived in your case, pay the $20 filing fee or file a Fee Waiver Request, and file the following:

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

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

• Notice of Hearing

If you are filing in person at the court, give the clerk your forms and all copies. The clerk will keep the originals and one copy of each form, along with the copy of the motion(s) labeled “Judge’s copy.” They will return any copies the court does not need. If you are e-filing or email filing, upload PDFs of each form to the e-filing platform or to an email and submit it.

Filing with a Fee Waiver Request Form

If you file a Fee Waiver Request when you file your other forms, you will not need to pay fees at the time you file. To learn more about the fee waiver process, including what to do if the court denies it, read Fee Waivers in Court Cases. If your fee waiver is denied and you do nothing, your motion(s) will be rejected.

You must serve both of the other parties with a copy of everything you filed. If the other parties have lawyers, send the papers to the lawyers instead.

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

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

• Motion to Intervene (Revocation of Parentage)

• Motion and Affidavit for Extension of Time to File Action for Revocation of Parentage (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 parties have access to e-mail. If you or the other parties 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 last known addresses of the other parties.

If you are using MiFILE to file documents electronically, your documents will be served electronically as long as the other parties are also using MiFILE. If the other parties are 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 unclear 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 parties, 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 Parentage Established by Marriage. Fill in the date when you served the papers, the names of the other parties, and the addresses or e-mail addresses 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. Sign and date the form.

If you are filing in person at the court clerk's office, fill out three Proofs of Service. Give the clerk all three. The clerk will keep one for the court file and one for the Friend of the Court, and will return the other copy to you. Keep it for your records. You should have two blank Proof of Service forms left to use later.

If you served the other parties 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 first court hearing. You may need more than one hearing before the court makes a final decision on your request to revoke parentage. 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 to Intervene (Revocation of Parentage)

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

• Order Regarding Motion to Intervene and copies

• 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 Parentage, bring it as well, along with the Order Regarding Motion for Extension of Time to File Action for Revocation of Parentage and copies.

Your hearing may be in front of a judge or a referee. If it is in front of a referee, they will prepare a recommended order or orders in your case. Unlike an order issued by a judge, a recommended order does not become a final order until an objection period is over. The parties will have a chance to file an objection to any recommended order before it becomes a final order.

When your case is called, you and the other parties will each have a turn to speak. Answer the judge’s or referee’s questions clearly and directly.

The court will hear your Motion to Intervene first. If the court denies that motion, they will dismiss your Motion to Determine Child Born Out of Wedlock.

If you filed a Motion for Extension of Time to File Action for Revocation of Parentage, the court will hear that motion next. If the court denies that motion, they will dismiss your Motion to Determine Child Born Out of Wedlock.

Michigan law requires the court to order genetic testing and consider the results, among other factors, before making a final decision in a revocation of parentage case. It is possible for the court to order genetic testing before the first hearing. However, many courts will order genetic testing at the first hearing. If this happens, there will be at least one more hearing after genetic testing for the judge or referee to make a decision on your Motion to Determine Child Born Out of Wedlock. The judge or referee should give you a date and time for your next hearing.

If the judge makes decisions at the hearing, they will probably sign the proposed order(s) and your copies at that time, either granting or denying your motion(s). The judge may give all parties copies of the signed order(s). If not, you can give the other parties their copies, or wait until Step 10.

If your hearing is in front of a referee instead of a judge, they will issue their recommended order within 21 days after the hearing. The referee will send all parties a copy, so you do not need to serve the other parties or file a Proof of Service.
 

File the signed order or orders. (Some courts may file the order for you–you can check with the clerk in the courtroom.)

If you are filing in person at the court clerk's office, also file a copy for the Friend of the Court. You will take the remaining copies with you. Two copies will be for the other parties if you did not already give them copies. The remaining copy is for you.

If you are filing and serving electronically, you will not need copies.

In some situations the judge might give a copy of the order(s) to each party at the hearing, or the court may mail a copy to each party. But if not, you have to serve the other parties with a copy of each order the judge signed. If the other parties have lawyers, send the papers to the lawyers instead. Serve the order(s) within seven days after the judge signs. Look back to Step 6 for information on how to serve papers. If you file the order(s) through MiFILE, you can serve the other parties through MiFILE at that time.

Complete a new Proof of Service, unless you served the other parties electronically through MiFILE. Fill in the date when you served the papers, the names of the other parties, and the addresses or e-mail addresses 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 all three Proofs of Service. The clerk will file the original and one copy, and will return the other copy to you. Keep the copy for your records.

You should have one remaining blank Proof of Service for later.

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

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

If the judge already made a final decision on your Motion to Determine Child Born Out of Wedlock, skip ahead to step 16.

If the judge or referee 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 order 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.

This hearing may be a motion hearing or an evidentiary hearing. An evidentiary hearing is needed when the parties disagree on the important facts of the case. At the hearing, the parties present evidence in support of their positions. If your hearing is an evidentiary hearing, go to Step 15.

Otherwise, 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

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

• The report showing the genetic testing results, if you did not already provide it to the court

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

Be prepared to explain why the legal father’s parentage should be revoked. Read the article I Want to Become the Legal Father of a Child Born During a Marriage for more information.

If the judge makes a decision at the hearing, they will probably sign the proposed order and copies at that time, either granting or denying your motion. The judge may give all parties a copy of the signed order. If not, you can give the other parties their copies, or wait until the next step.

If your hearing is in front of a referee instead of a judge, the referee will issue their recommended order after the hearing. The referee will send all parties a copy. You will not need to file the recommendation, serve the other parties, or file a Proof of Service. You can skip Step 14.

It is also possible to need an evidentiary hearing if you and the other parties disagree on the important facts of the case. If this happens, the court will likely schedule an evidentiary hearing for another date. You will not be required to have a lawyer, but it is a good idea to find one if you can. It can be hard for someone who is not a lawyer to present evidence. If you will have an evidentiary hearing, skip step 14, and read step 15 next.

If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area.

If the judge signed the Order Regarding Request to Determine Child Born Out of Wedlock, you will need to file it. (Some courts may file the order for you–you can check with the clerk in the courtroom.) If you are filing in person at the court clerk's office, also file a copy for the Friend of the Court. You will take the remaining copies with you. Two copies are for the other parties if you did not already give them copies. The remaining copy is for you.

If you are filing and serving electronically, you will not need copies.

In some situations the judge might give a copy of the order to each party at the hearing, or the court may mail a copy to each party. But if not, you have to serve the other parties with a copy of the order. If the other parties have lawyers, send them to the lawyers instead. Serve the orders within seven days after the judge signs. Look back to Step 6 for information on how to serve papers. If you file the order(s) through MiFILE, you can serve the other parties through MiFILE at that time.

File a Proof of Service unless you served the other parties electronically through MiFILE. Look back to Step 7 for more information. After you are done filling out the Proof of Service, make two copies. Give the clerk all three forms. The clerk will keep one for the court file and one for the Friend of the Court, and will return the other copy to you. Keep it for your records.

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

Skip ahead to step 16.

Follow this step if your Motion to Determine Child Born Out of Wedlock has been scheduled for an evidentiary hearing (trial).

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 Alleged Father to Determine Child Born Out of Wedlock

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

• The report showing the genetic testing results, if you did not already provide it to the court

Also bring any documents you plan to show as evidence and any witnesses you may have.

When your case is called, go to the place you are directed. If the judge or referee has questions for you, answer them clearly and directly. You will have a chance to introduce evidence and question witnesses. The other parties will have a chance to do the same. When someone else is talking, take notes. Do not interrupt.

Be prepared to explain why the legal father’s parentage should be revoked. Read the article I Want to Become the Legal Father of a Child Born During a Marriage for more information. Any evidence you present should support the things you are trying to prove.

If the judge makes a decision at the hearing, they will probably sign the proposed order and your copies at that time, either granting or denying your motion. The judge may give all parties a signed copy. If not, you can give the other parties a copy, or wait until later to serve copies (read more below).

File the court order. (Some courts may file the order for you–you can check with the clerk in the courtroom.) 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 and serving electronically, you will not need copies.

If the court did not serve the order at the hearing or mail copies to the parties, you have to serve the other parties with copies. If the other parties have lawyers, send copies to the lawyers instead. Serve the orders within seven days after the judge signs. Look back to Step 6 for information on how to serve papers. If you file the order(s) through MiFILE, you can serve the other parties through MiFILE at that time.

Then file a Proof of Service, unless you served the other parties electronically through MiFILE. Look back to Step 7 for more information. After you are done filling out the Proof of Service, make two copies. Give the clerk all three forms. The clerk will keep one for the court file and one for the Friend of the Court, and will return the other copy to you. Keep it for your records.

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

If your hearing is in front of a referee instead of a judge, the referee will issue their recommended order after the hearing. The referee will send all parties a copy. You will not need to file the recommendation, serve the other parties, or file a Proof of Service.

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

If a referee issued a recommended order denying your motion, you will have a chance to object before the recommendation becomes a final court order.

If the judge signed an order revoking parentage of the mother’s spouse or ex-spouse, you will need to take extra steps to become the legal father. The easiest way to establish parentage is for you and the mother to complete and sign an Affidavit of Parentage in front of a notary public. The page after the Affidavit of Parentage has instructions on completing and filing the Affidavit, as well as requesting a change to your child’s birth certificate. Signing the Affidavit is voluntary.

Parentage can also be established by court order. To get this order, a paternity case must be filed by you, the mother, or by the Michigan Department of Health and Human Services (MDHHS). To learn more, read this publication from the Michigan Department of Health and Human Services.

Changing the child’s birth certificate:

An Application to Correct or Change a Michigan Birth Record will need to be sent to Vital Records Changes in Lansing, along with a copy of the court order revoking parentage.

Then, after you establish your parentage by Affidavit of Parentage or court order, you can submit an Application to Add a Father on a Michigan Birth Record.