Removing My Name from Birth Certificate

[paddyhub]

My question involves paternity law for the State of: Michigan

Child was born in December 2009. I was told she was mine. I am currently active duty military and located out of state so I never took the time for DNA test. I added my name to her Michigan birth certificate and immediately started paying child support that was mutually agreed upon between her mother and I. I also added her as a dependent so the military would increase my pay.

Fast forward to August 2011. While I was home on leave I decided to get a legal DNA test (child's mother was present) before proceeding any further with paperwork to add her to my health and life insurance policies. Results were returned that I was not the father.

I am going to continue to pay CS while I am legally her father, but what actions would I need to take with the state of Michigan to remove my name from her birth certificate? And do I need to be present in court, since I'm currently stationed in California?

Thanks.

[LawResearcherMissy]

You have a really tough row to hoe.

Q: How can you dis-establish paternity after the parents have signed the AOP (for example, one or
both parents changed their mind)?

A: Dis-establishment is a complex legal action that requires an attorney and court action. It is only
possible when a claim for revocation is supported by an affidavit signed by the claimant setting
forth facts that constitute one of the following:
13
1. Mistake of fact;
2. Newly discovered evidence that by due diligence could not have been found before the
AOP was signed;
3. Fraud;
4. Misrepresentation or misconduct; or
5. Duress in signing the AOP.
The father (or mother) will need to comply with the Acknowledgement of Parentage Act, MCL
722.1011.

http://www.michigan.gov/documents/DH...e_157259_7.pdf

You're going to need to speak to a MI attorney.

[paddyhub]

Thanks for the quick response.