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

Use the Do-It-Yourself Revoke Parentage Established by Marriage tool to prepare the forms you need. You will not file all these forms at the start of your case. You will file some later. You may need to make copies of some of the forms. The instructions below explain which forms you need for each step and how many copies to make.

Some of the next steps 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-mail
• E-filing using MiFILE
• Mailing or dropping off documents

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. Click this link to check if you can e-file.

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. 

If your fees have already been waived in your existing family case and there is no final order in the 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 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 by Mother 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.

-Find out if you need Friend of the Court copies. If electronic filing is not an option for your case, contact the clerk’s office to find out if you need to provide extra copies of the documents you file to the Friend of the Court (FOC). Some but not all courts require FOC copies. If your court wants FOC copies, ask how they want you to provide them. Some courts may want you to label the copies “Friend of the Court” and file them along with your other documents in the clerk’s office. Other courts may require you to mail or deliver the copies to the FOC office. 

-If you will be filing in person at the court, make the following copies. If your court requires FOC copies, make one extra copy of each document.

• Fee Waiver Request (if needed)—2 copies
• Motion by Mother to Determine Child Born Out of Wedlock —2 copies
• Motion and Affidavit for Extension of Time to File Action for Revocation of Parentage (if needed)—2 copies
• Notice of Hearing—2 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 if you need to make your own copies.

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

Please note that completing the documents on Michigan Legal Help or LawHelp Interactive does not file anything with the court. If you 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.

Complete steps A and B below.

(A) File the forms listed below

Motion by Mother to Determine Child Born Out of Wedlock

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

Fee Waiver Request (if needed) 

If you are filing in person at the court, give the clerk your forms and all copies. The clerk 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.

-Fee Waiver Request

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 other filings will be rejected. 

(B) Complete and file the Notice of Hearing

In many courts you will need to get a hearing date from the court clerk so you can fill out information on the Notice of Hearing. In other courts the clerk may tell you to leave the hearing information blank for the court to complete. 

If the clerk gives you a hearing date, fill out the following on 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) that will be heard that day. Check the boxes next to “The defendant is required to attend this hearing” and “The plaintiff is required to attend this hearing.” Complete this information on all copies of the Notice of Hearing.

If you are also filing a Motion and Affidavit for Extension of Time, this motion needs to be heard before your other motion. You may be able to schedule both motions for the same day and use one Notice of Hearing, or you may need a separate Notice of Hearing for each motion.

If you are filing in person at the court

When you file your papers, ask the court clerk for a hearing date and time. If they give you a hearing date, use the information to fill out all copies of the Notice of Hearing. Then give them to the clerk. The clerk will return two copies to you. One is for your records, and the other one is for the other party. 

The clerk will tell you if you need to leave the Notice of Hearing blank instead.

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 hearing information on your Notice of Hearing. If they give you a hearing date, use the information to fill out the form. Then file it the same way you filed your other forms. The clerk will tell you if you need to leave the Notice of Hearing blank instead.

You must serve the other party with a copy of everything you filed.

If the other party has a lawyer and a final judgment or order has not been entered in the case you are filing your motion in, serve the lawyer with the copies.

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

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

If you used MiFILE to file documents electronically, MiFILE will also serve the documents electronically if the other party is using MiFILE. If the other party is not using MiFILE, you will need to serve the documents by e-mail, if possible. If you or the other party can't do this, or if you are not sure, you can serve by regular mail or personal delivery. If you serve by mail, send the papers to the other party’s last known address. 

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 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 e-mail, mail, or personal delivery, complete a Proof of Service form. Fill in the date when you served the papers, the name of the other party, 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. Sign and date the form. Then file it.

If you are filing in person at the court clerk's office, fill out three Proof of Service forms if your court requires you to file an FOC copy. Otherwise, fill out two. Give the clerk your Proofs of Service. You will get one copy back to keep 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 first court hearing. You may need more than one hearing before the court makes a final decision. 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 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 and Affidavit for Extension of Time to File Action for Revocation of Parentage (if you filed one)
• Order Regarding Motion for Extension of Time to File Action for Revocation of Parentage (if you filed a Motion and Affidavit for Extension of Time)
• Motion by Mother to Determine Child Born Out of Wedlock
• Order for Genetic Testing
• Order Regarding Request to Determine Child Born Out of Wedlock 
• Your copy of the filed Proof of Service

When your case is 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 you filed a Motion for Extension of Time to File Action for Revocation of Parentage, the judge will make a decision on that motion first. If the court denies that motion, they will dismiss your Complaint to Determine Child Born Out of Wedlock.

The judge will order genetic testing and consider the results, among other factors, before making a final decision in your case. It is possible for the judge to order genetic testing before the first hearing. However, some 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 to make a decision on your Motion to Determine Child Born Out of Wedlock.

If the judge makes any decisions at the hearing, they will likely sign the proposed order(s) at that time.  If the judge signs any orders, they will give them either to you or the courtroom clerk to file.

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. Both parties will have a chance to file an objection to any recommended order before it becomes a final order. A referee will issue their recommended order within 21 days after the hearing. 

File the signed order or orders. Some courts may file orders 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 of the order or orders for the Friend of the Court if your court requires FOC copies. Ask the clerk for two copies of each signed order to take with you (one copy for your own records, and the other copy to serve on the other party).

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

If your hearing was in front of a referee instead of a judge, you do not have to file the recommended order that the referee will send you.

Serve the other party with a copy of each order the judge signed. If the other party has a lawyer, serve the lawyer instead. Serve the order(s) within seven days after the judge signs.

If you used MiFILE to file documents electronically, MiFILE will also serve the documents electronically if the other party is using MiFILE. If the other party is not using MiFILE, you will need to serve by e-mail, if possible. If you or the other party can't do this, or if you are not sure, you can serve by regular mail or personal delivery. If you serve by mail, send the papers to the other party’s last known address. 

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 your hearing was in front of a referee instead of a judge, the referee will send both parties a copy of the recommended order, so you do not have to serve it or file a proof of service.

Fill out and file a new Proof of Service, unless you served the other party electronically through MiFILE. Look back to Step 7 for information on filling out and filing the Proof Service.

If you had to file a Motion and Affidavit for Extension of Time to File Action for Revocation of Parentage and the judge denied it, this is your last step. The other party will remain your 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 signed an Order for Genetic Testing, do what the order says. The order 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 may also be able to tell you where you can go for genetic testing.

If the court did not make a final decision at the first hearing, continue with this step. This hearing may or may not be 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.

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 them 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 Mother to Determine Child Born Out of Wedlock
• Order Regarding Request to Determine Child Born Out of Wedlock
• 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 party is at the hearing, they will have a turn to speak.

Be prepared to say why the other party’s parentage should be revoked. You may have to explain how the facts of your case meet the legal requirements to revoke parentage. Read the article I Am a Mother, and I Need to Revoke Parentage of My Spouse or Ex-Spouse for more information. 

If the judge makes a decision at the hearing, they will likely sign the proposed order at that time, either granting or denying your request to revoke parentage.  They will give the signed order either to you or the courtroom clerk to file.

If it becomes clear at the hearing that you and the other party disagree on the important facts of the case, the judge may set an evidentiary hearing for a later 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 if your court requires an FOC copy. Ask the clerk for two extra copies of the order to take with you (one copy for your own records, and the other copy to serve on the other party).

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

Then serve the other party with a copy of the order. If the other party has a lawyer, send it to the lawyer instead. Serve the order within seven days after the judge signs it. Look back to Step 10 for information on how to serve an order.

Fill out and file a new Proof of Service form unless you served the other party electronically through MiFILE. Look back to Step 11 for more information. If you served the other party using MiFILE, MiFILE will create and file a Proof of Service for you.

Skip ahead to step 16.

Follow this step if your motion is scheduled for an evidentiary hearing. 

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 Mother to Determine Child Born Out of Wedlock
• Order Regarding Request to Determine Child Born Out of Wedlock 
• 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 has questions for you, answer them clearly and directly. You will have a chance to present evidence and question witnesses. The other party will have a chance to do the same. You can learn about presenting evidence in Overview of a Civil Case. When someone else is talking, take notes. Do not interrupt. 

Any evidence you present, including documents or testimony, should provide the judge with facts that show a basis for revoking parentage. Read the article I Am a Mother, and I Need to Revoke Parentage of My Spouse or Ex-Spouse to learn what the legal requirements for revocation are. 

Usually the judge will sign the Order Regarding Request to Determine Child Born Out of Wedlock at the end of the hearing, either granting or denying your request to revoke the legal father’s parentage. If the judge signs any orders, they will give them either to you or the courtroom clerk to file.

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, also file a copy for the Friend of the Court if your court requires an FOC copy. Ask the clerk for two extra copies of the order to take with you (one copy for your own records, and the other copy to serve on the other party).

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

Then serve the other party with a copy of the order. If the other party has a lawyer, send it to the lawyer instead. Serve the order within seven days after the judge signs it. Look back to Step 10 for information on how to serve an order.

Fill out and file a new Proof of Service form unless you served the other party electronically through MiFILE. Look back to Step 11 for more information. If you served the other party using MiFILE, 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 both parties a copy. You will not need to file the recommendation, serve the other party, or file a Proof of Service.

If the judge denied your Motion to Determine Child Born Out of Wedlock, the other party will continue to be your child’s 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. 

Establishing parentage:

If the court revoked the other party’s parentage, you will need to take extra steps for your child’s biological father to become the legal father. This can be done by completing an Affidavit of Parentage or getting a court order. To learn more, read How to Become a Legal Parent.

Changing the birth certificate:

To remove your spouse or ex-spouse from the birth certificate, you will need to send an Application to Correct or Change a Michigan Birth Record to Vital Records Changes in Lansing. To learn more, read the application form. You will need to include a copy of your court order revoking parentage with the application.

If the biological father’s parentage gets established by Affidavit of Parentage or court order, then you can submit an Application to Add a Parent on a Michigan Birth Record.