[divorcestinks]

My question involves paternity law for the State of: Michigan

Here are the facts in generic terms:

Man (M) and Woman (W) are married and have two children together (children #1 and #2). M and W separate and W becomes pregnant by another man (A). W proceeds to have a second child with A while still married to M. M and W cannot afford a divorce and decide to do it on their own. After the divorce is granted W mentions to the clerk that children #3 and #4 are not the biological children of M. M, A and W are instructed to complete and affidavit of parentage. M and W go back in front of the judge with the notorized affidavit of parentage naming A as the father of children # 3 and #4. The judge says that the affidavit of parentage is insufficient and "a judgment" is required. The judge gives them 30 days to get this judgment or judge says that he will throw everything out and they will have to start over. What does the judge mean by "the judgment" and what do the parties have to do to get this judgment? Also, M had a vasectomy after the birth of child #2 and A does not contest that he is the biological father of children #3 and #4.

[LawResearcherMissy]

Contact the Michigan Department of Human Services and ask for assistance in establishing paternity.

If you properly filled out the affidavit of parentage, that should have been sufficient. It's possible something was incorrect, and you may need to get an attorney involved.

[aaron]

If the parties are handling their own divorce, they have to (or more correctly, ordinarily, the plaintiff has to) prepare a judgment of divorce to close the case. It sounds like that hasn't been done.

The judgment should specifically recite that the children who are not born of the marriage are not the husband's children. I suggest getting a "how to do your own divorce" book if you are trying to write a judgment, as it is tricky to draft a legal and enforceable divorce judgment on your own.