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

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

• Summons

• Complaint by Mother to Determine Child Born Out of Wedlock

• Confidential Case Inventory (if needed)

• Notice to Prior Court of Proceedings Affecting Minor(s) (if needed)

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

• Order for Genetic Testing

• Notice of Hearing (if needed)

• Notice of Hearing and Motion

• 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 $175 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 following forms:

• Complaint by Mother to Determine Child Born Out of Wedlock

• Confidential Case Inventory (if needed)

• Fee Waiver Request (if needed)

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) — 3 copies

• Summons, including the Proof of Service on the second page — 3 copies

• Complaint by Mother to Determine Child Born Out of Wedlock — 3 copies

• Confidential Case Inventory (if needed) — 2 copies

• Motion and Affidavit for Extension of Time to File Action for Revocation of Parentage (if needed) — 3 copies

• Order Regarding Request to Determine Child Born Out of Wedlock — 3 copies

• Order Regarding Motion for Extension of Time to File Action for Revocation of Parentage (if needed) — 3 copies

• Order for Genetic Testing — 3 copies

• Notice of Hearing (You only need this form if you are filing a Motion and Affidavit for Extension of Time)—3 copies

• Notice of Hearing and Motion–3 copies

• Notice to Prior Court of Proceedings Affecting Minor(s) (if needed)— 4 copies

• Proof of Service (this is the stand-alone Proof of Service, not the proof of service on the second page of the Summons)—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 electronically, you will only need to make one copy of the following forms so you can have them served on the other party in a later step.

• Fee Waiver Request

• Summons

• Complaint 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)

• Notice of Hearing (if you are filing a Motion and Affidavit for Extension of Time)

• Notice to Prior Court of Proceedings Affecting Minor(s) (if needed)

• Notice of Hearing and Motion

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.

This step has three parts: A, B, and C. You must complete A and B. You only have to complete C if the Do-It-Yourself tool gave you a Notice to Prior Court of Proceedings Affecting Minor(s).

(A) File the forms listed below.

Pay the filing fee or file a Fee Waiver Request, and file the following:

• Summons

• Complaint by Mother to Determine Child Born Out of Wedlock

If the Do-It-Yourself tool prepared any of the following forms for you, you must also file them:

• Motion and Affidavit for Extension of Time to File Action for Revocation of Parentage

• Confidential Case Inventory (Read more below.)

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, and 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.

Important! You need to get a hearing date and other hearing information after you file and the clerk assigns a judge to your case. Then you can fill out your Notice of Hearing and Motion and all copies (and the Notice of Hearing, if you have one) with your hearing information, and file these forms. Read part B of this step for more information.

-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.

-Confidential Case Inventory

You will only need to file a Confidential Case Inventory if you have any prior family division cases or tribal court cases that are pending or resolved.

(B) Complete and file the Notice of Hearing and Motion (and the Notice of Hearing, if you have one).

After you file your forms and the clerk assigns a judge to your case, ask for a hearing date for your Motion for Entry of Order Regarding Request to Determine Child Born Out of Wedlock. You will write the hearing date and other hearing information on your Notice of Hearing and Motion.

If you are also filing a Motion and Affidavit for Extension of Time, you will also need to schedule a hearing for it using the separate Notice of Hearing. You may be able to schedule both motions for the same date and time.

Information you may need to get from the clerk:

In many courts you will need to ask the court clerk for a hearing date and then fill out the hearing information on the form yourself. In these courts, you will fill out the following information in item number three on the Notice of Hearing and Motion: the judge’s name, bar number (you can find it by searching for the judge in the State Bar of Michigan’s directory), and the hearing date, time, and location. Complete this information on all copies of the Notice of Hearing and Motion.

If you are also filing a Notice of Hearing

Fill out the following information: the hearing date, time, and location, and the judge’s or referee’s name. Complete this information on all copies of the Notice of Hearing.

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. Other times they will give you dates to choose from. If the court will be assigning a date and filling out this section, they will let you know.

Give all completed copies of the Notice of Hearing and Motion to the clerk, and the clerk will return two to you. The clerk will keep one copy for the court file and another for the Friend of the Court. Take the other two copies with you. One is for your records and the other one is for the other party. If you are also filing a Notice of Hearing, give the clerk all your copies, and you will get two back.

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 and Motion (and, if needed, 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 forms.

(C) Complete and file the Notice to Prior Court of Proceedings Affecting Minor(s), if you have one.

You should have this form if a court has continuing jurisdiction over your child from a prior case. The Do-It-Yourself tool created this form for you if you need it.

In some courts, the clerk’s office where you are filing your current case will take care of this form for you, but in others, you have to do it. Check with the court clerk’s office. If you have to do it, complete this form and file it. The next step has instructions on mailing this form to the court with the prior case.

Write in the date, time, and location of your scheduled hearing(s) under part 1a on all five copies of the form. Give all copies to the clerk. The clerk will keep two copies and return the others to you.

Follow this step only if the Do-It-Yourself Revoke Parentage Established by Marriage tool prepared one or more Notice to Prior Court of Proceedings Affecting Minor(s) (form MC 28). You have this form if a court has continuing jurisdiction over your child from a prior case.

After you file this form (see Step 5), mail a copy to the court with the prior case. This should be the circuit court in the county typed into the form where it says “TO: County of _______ .” You can find the mailing address for that court in Courts & Agencies . Address the envelope to the attention of the official or entity marked on your form. For example, if the box is checked next to “Prosecuting attorney,” write “Attn: Prosecuting Attorney” above the court address. You must send the notice by first-class mail at least 21 days before the date set for your hearing.

After you mail a copy to the prior court, fill out the Certificate of Service at the bottom of another copy of the Notice form. Check the box beside “first-class mail,” and date and sign the form. Make two copies. File the form at the court clerk’s office. The clerk will keep the original and one copy and will return the other copy to you. Keep the copy for your records.

You should have one remaining copy of the Notice to Prior Court form. Save this for the next step.

If you are filing electronically, you will not need copies for the court.

You must have the other party served with (notified of) the revocation of parentage action. There are several different ways you can have papers served. To learn more, read the article How to Serve a Complaint to Revoke Parentage and Other Forms.

The other party must be served with one copy of each of the following:

• Summons

• Complaint by Mother to Determine Child Born Out of Wedlock

• Notice of Hearing and Motion

If you filed any of the following forms, you must also have them served:

• Fee Waiver Request and the decision on your request

• Motion and Affidavit for Extension of Time to File Action for Revocation of Parentage

• Notice of Hearing

• Notice to Prior Court of Proceedings Affecting Minor(s)

You have 91 days from the issue date on the Summons to have the other party served with the papers you filed, or your case will be dismissed. If you are having trouble getting them served within this time, you can file a Motion for a Second Summons.

After the papers have been served, the person who served them must complete a Proof of Service. They should use the Proof of Service on the second page of the Summons form for this step. For more information, read How to Serve a Complaint to Revoke Parentage and Other Forms.

After the Proof of Service has been completed, file it the same way you filed your initial forms (in-person filing or electronic filing). If you are filing in person at the courthouse, give the clerk two copies along with the original. The clerk will return one copy to you. Keep it for your records. If you e-file the Proof of Service, you will not need any copies.

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 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)

• Order for Genetic Testing and copies

• Complaint by Mother to Determine Child Born Out of Wedlock

• Order Regarding Request to Determine Child Born Out of Wedlock

• 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 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.

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 judge 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 to make a decision on your Complaint to Determine Child Born Out of Wedlock.

If the judge makes any decisions at the hearing, they will probably sign the proposed order(s) and your copies at that time, either granting or denying your request(s). The judge may give both parties a copy of the signed order(s). If not, you can give the other party a copy of the order(s), or wait until Step 11.

It is possible for your Motion for Extension of Time to be referred to a referee. If your hearing is in front of a referee, they will prepare a recommended order 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.

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. One copy will be for the other party if they did not already get one. The other 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 copies to each party. But if not, you have to serve the other party with a copy of each order the judge signed. If the other party has a lawyer, send the papers to the lawyer instead. Serve the order(s) within seven days after the judge signs.

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?.

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. Use the stand-alone Proof of Service for this step, not the proof of service on the second page of the Summons.

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 paper(s) 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 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 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 Complaint by Mother to Determine Child Born Out of Wedlock, skip ahead to step 17.

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 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 on your Motion to Determine Child Born Out of Wedlock, 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 16.

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:

• Complaint by Mother 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 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. There are certain things you have to prove. Read the article I Am a Mother, and I Need to Change Parentage of a Child Born During My Marriage for more information.

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 request to revoke parentage. The judge may give both parties a copy of the signed order. If not, you can give the other party a copy of the order, or wait until the next step.

It is also possible to need an evidentiary hearing if you and the other party 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 15 and read step 16 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. One copy will be for the other party if they did not already get a copy. 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 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. Look back to Step 11 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.

File a Proof of Service unless you served the other party electronically through MiFILE. Look back to Step 12 for more information. After you are done filling out a Proof of Service form, 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 party 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 17.

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 Complaint by Mother to Determine Child Born Out of Wedlock has been 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:

• Complaint by Mother 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 has questions for you, answer them clearly and directly. You will have a chance to introduce evidence and question witnesses. The other party will have a chance to do the same. When someone else is talking, take notes. Do not interrupt.

Be prepared to say why the other party’s parentage should be revoked. There are certain things you have to prove. Read the article I Am a Mother, and I Need to Revoke Parentage of a Child Born During My Marriage for more information. The evidence you present should support the things you are trying to prove.

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. Give the judge the order and all copies. The judge may give both parties a signed copy. If not, you can give the other party a copy, or wait until later to serve a copy (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 both parties, you have to 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. Look back to Step 11 for more information on how to do this. Then file a Proof of Service, unless you served the other party electronically through MiFILE. Look back to Step 12 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 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 the judge denied your Complaint to Determine Child Born Out of Wedlock, the other party will continue to be your child’s father.

If the judge granted your Complaint and revoked the other party’s parentage, you will need to take extra steps for your child’s biological father to become the legal father. The easiest way to establish parentage is for you and the biological father 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, your child’s biological father, 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 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 also submit an Application to Add a Father on a Michigan Birth Record.