[17nAMommy]

My question involves paternity law for the State of: Michigan

My husband and I separated a month before our son was born. Our son is a week old, and my husband has not shown any interest in him at all, except for asking if he gets him for a night. I said no. At the moment, he is on the birth certificate, but I am getting him taken off this week.

Since we are married right now, does he have any right to our son? I cannot afford divorce for another couple months (because I'm on maternity leave from work), until then I want to make sure my son is safe with me. If he is not on the birth certificate, would he have to go through the nessesary tests to prove paternity before he had any rights, or doesn't it matter because we're married still?

Also, once I file the papers to get my husband off the birth certificate, will that go into effect as soon as they get that paper or will it take until they get the actual document finished?

Thank you so much!

[jk]

what makes you think you can take the father off the BC?

Since we are married right now, does he have any right to our son?

absolutely. He has exactly the same rights as you. He could take the child to his house and not return him and he would not be doing anything illegal.


You need a big wake-up call. He is the childs father. He has the same rights as you to having the child in your/his custody until a court says differently. You are on the road to causing problems for this child and he is hardly out of the womb.

[LawResearcherMissy]

At the moment, he is on the birth certificate, but I am getting him taken off this week.

Who told you that you could do that? Unless someone else is the child's father and he comes forward to demand DNA testing to establish paternity, your husband is staying put on that birth certificate.

Forever.

The birth certificate is a record of who the child's father is, not who you're married to at the time of birth or who is interested in caring for the child. You have no grounds to even ask that he be removed.

As JK notes, your husband has the same rights to the child as you do. You're married, therefore you have joint legal and physical custody of the child. If he wants to take the baby out on the town, he can do so, and there's not tiddly-boo you can say or do about it.

If you paid someone to tell you that you can have him removed from the birth certificate and that you can deny him parenting time with his child in the absence of a court order, go back and demand a refund.

[bigcountrysg]

If you have a lawyer. I would go find a new one, because the one you have now is completely wrong.

As stated by the others here.

Even if you get his parental rights removed. His name stays on the BC. When you get divorced his name stays on the BC. BC is legal record of who the father is. As stated unless he is not the father which if he has doubt of he could request a DNA test himself. If he is found not to be the biological father. Then he can appeal to have his name to be removed from the BC.

After that if the actual father is not found then the BC will have unknown in the place of the fathers name.

You really need to get a good lawyer, because who ever your getting your advice from is completely wrong.