What rights does a putative father have?

tootsjm · #1 11-22-2004, 06:59 PM

I am currently married but in the process of a divorce, but hoping to reconcile. While separated, a child was conceived. Now I am hoping to reconcile with my husband and want to know what rights if any does the putative father have in this situation. Please answer as if my husband and I were back together and also as if for some reason we did not reconcile. Thanks and I hope to hear from you ASAP.

Anonymous · #2 11-22-2004, 09:14 PM

In Michigan, given that you were married at the time of conception, the putatitve father has only those rights you extend to him. Under present Michigan law, a third party lacks "standing" (that is, the right to bring a legal action) to challenge the paternity of a child born within a marriage. Your husband is legally presumed to be the father, until a court rules otherwise. But the putative father cannot commence the court action which might result in such a ruling.

Should you divorce your husband, the issue of paternity can be raised as an issue at that time.

tootsjm · #3 11-30-2004, 11:19 AM

In response to your reply to my question, "What rights does a putative father have", I have a couple more questions. First off, I'm seriously considering adoption, but want to know what my options are. If my husband and I either put off the divorce until the baby is born or decide to reconcile, is the baby's father the only option that I have if I give the baby up for adoption, or can the baby be adopted by a family other than the single father? Please reply ASAP. Thanks!

Anonymous · #4 11-30-2004, 12:06 PM

Regardless of biology, your husband presently has parental rights over the child, as the child was conceived in marriage. You won't be able to have anybody else adopt the child without your husband's consent, and should he waive his parental rights the putative father would ordinarily have standing to assert paternity.

(So if you mean that you would like the putative father to adopt, you need your husband's cooperation, and if you are speaking of a third party, you would benefit from the cooperation of both your husband and the putative father.)

If you are looking into a third party adoption, you should work through an adoption attorney so that all of these bumps can be ironed out.

Robert44 · #5 02-11-2008, 01:59 PM

I have the same situation, but I am the married husband of wife who is pregnant with what maybe someone elses child. If it is and I go to Michigan and have the baby, does the law apply even though I live in another state and my wife have the baby in Michigan.

We are reconciling and we do not want the other man to have any right to the baby or any way to mess up our lives and the lives of our other 3 kids we jointly have already. What can we legally do? Thank you.

Robert44 · #6 02-11-2008, 02:07 PM

I am the married husband of wife who is pregnant with what maybe someone elses child. If it is and I go to Michigan where aledgedly the other man has no rights to the baby (even though he may be the bio father) and have the baby, does the law apply even though I live in another state and my wife have the baby in Michigan? Or do I have to actually move to Michigan?

We are reconciling and we do not want the other man to have any right to the baby or any way to mess up our lives and the lives of our other 3 kids we jointly have already. What can we legally do? Thank you.