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Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters.

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Old 04-04-2009, 10:18 PM
hhollinsster hhollinsster is offline
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Default Setting Aside or Revoking an Affidavit of Parentage
My question involves paternity law for the State of: Michigan

This is for Wayne County, Michigan.

My son was born in May and the man I believed to be the father signed the affidavit of parentage in October. It was then sent to vital records. A paternity test was done through Identigene and we found out that he was in fact NOT the father of my son. I called vital records and they told me because of some sort of mismatch in paperwork the man was never added to the birth certificate. But the affidavit was signed and is filed as a legal document.
I recieved legal advice through someone who was familiar with this situation and she told me I could file this as an original claim. Well, I went downtown and spent 5 hours speaking to circuit court, friend of the court and everyone else just for them to tell me to get an attorney. They seemed completely confused. As if this never happens.
Also, I do know who the real father is. He has cut off all communication from me. I do want to put him on the birth certificate.
AND...my son does recieve state aid. I've come to the conclusion based on what I've heard...that this makes a difference.

Here are my questions.

What would happen if I were to fill these child support papers with the real father's name? Even though the wrong father is on the affidavit? I understand that this wouldn't erase anything but I want to get the ball rolling somehow. I just read that I need to have an active case with DS (family services). I DONT have a case. So, how in the world am I suppose to file a motion if I DONT have a case??????

I'm really desperate here for help. I've tried every avenue. I want this cleared up for the future of my son and the future of the man who is not responsible for my son.

There must be somebody who can help, right?
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Old 04-05-2009, 10:36 PM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Setting Aside or Revoking an Affidavit of Parentage
You left out something really important - the guy you previously identified as the child's father, whose name is on the acknowledgment of paternity, does he want to give up his rights?
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Old 04-06-2009, 10:18 AM
hhollinsster hhollinsster is offline
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Default Re: Setting Aside or Revoking an Affidavit of Parentage
Hi. Thanks for the reply.

The man who signed the affidavit does want to give up paternity. As soon as he saw the results we both wanted that.
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Old 04-06-2009, 10:41 AM
hhollinsster hhollinsster is offline
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Default Re: Setting Aside or Revoking an Affidavit of Parentage
Quoting Mr. Knowitall
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You left out something really important - the guy you previously identified as the child's father, whose name is on the acknowledgment of paternity, does he want to give up his rights?
Not sure if I'm supposed to reply to my thread or to you directly. So, there will be both.
But, yes, the man wants to give up his rights.
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