What is the Prosecutor's role in establishing paternity in Michigan?

After a referral from the Office of Child Support (Department of Human Services), the Prosecuting Attorney's office interviews the custodial parent and files a complaint in Circuit Court. The non-custodial parent is served with a copy of the complaint. The Prosecuting Attorney's office schedules genetic testing if requested by the putative father. Finally, if paternity is established, the Prosecuting Attorney will prepare the Order of Filiation and Referral to the Friend of the Court that is entered in Circuit Court.

Who do I contact at the Leelanau County Prosecutor's office?

Our Paternity and Child Support Specialist is Kathy Dawkins. Call her at (231) 256-8173, 1-866-256-9711, ext. 173 or through email at kdawkins@co.leelanau.mi.us.

The alleged father, mother, physical custodian, or Department of Human Services can initiate a case.

What is paternity?

Paternity means "fatherhood". The term "establishing paternity" means making the biological father of a child born out of wedlock the legal father as well.


Why is it important to establish paternity?

The parents and the child have the right to have a parent-child relationship. But, there are more reasons:

• Identity: It is important to know who we are. Children who know both parents develop a sense of "belonging".
• Money: The law requires both parents to support their children, even if the pregnancy was unplanned. Children supported by just one parent often do not have enough money for their needs.
• Benefits: The child has the right to its parents' benefits (social security, insurance, inheritance, veterans', etc.).
• Medical: The child may need a complete medical history from the families of both parents, including inherited health problems.

How is legal paternity established?

• If the mother is married when the baby is born, her husband is considered by law to be the father, unless a court says otherwise.
• If the mother has been divorced or widowed for less than ten months, her husband at the time of conception is considered by law to be the father.
• If the mother is married at the time of conception or birth, but her husband is not the biological father of the child, a voluntary Affidavit of Parentage is not allowed unless a court has already determined that the husband is not the biological father.
• If the mother is not married at the time of conception or birth, paternity can be established by (i) both parents signing a voluntary Affidavit of Parentage that is filed with the Michigan Department of Community Health's Office of the State Registrar, or (ii) a judge can declare that a man is the legal father after a hearing or default.

How can the father voluntarily acknowledge paternity?

Both parents must sign papers acknowledging paternity. The Affidavit of Parentage must be notarized and filed with the Michigan Department of Community Health's Office of the State Registrar. Before signing the form in the presence of a notary public, the father must provide pictured identification and his social security number (plus other identification, if necessary).


Can the Affidavit of Parentage be filed by mail?

Yes. The completed Affidavit of Parentage form can be mailed to:

Central Paternity Registry
Office of the State Registrar
Michigan Department of Community Health
P.O. Box 30195
3423 North M. L. King Blvd.
Lansing, MI 48909
(517) 335-8676

Is there a fee for filing the Affidavit of Parentage?

No. However, certified copies of the Affidavit of Parentage are available from the Central Registry for $13.00 (additional copies are $4.00 each).


What if the father refuses to acknowledge paternity?

The mother (or the Michigan Department of Human Services), if the child is receiving public assistance such as Aid to Dependent Children) may bring a paternity suit to have the matter resolved in court. The alleged father is entitled to a hearing in Circuit Court to prove whether he is the father.


What if the mother is not sure who her child's father is?

The mother should call the Support Specialist at 1-866-540-0008, who will help her to identify and locate (if necessary) the father free of charge. The mother does not have to be on public assistance to seek help from a Office of Child Support Specialist.


When is a genetic test necessary? How is a paternity test done?

A genetic test is needed when the alleged father denies or questions paternity. If genetic testing is ordered by the Circuit Court, the mother, child and alleged father will be scheduled for testing. Buccal swabs are taken from the mother, child and alleged father and are tested at a laboratory. The tests compare many different and complex details of the child's tissue sample with similar details in the mother's and alleged father's tissues samples.

If the mother is not available, we can still test for paternity.

What does paternity testing show?

The tests can accurately show that a man is not the father of the child, or a percentage of likelihood that he is the father (e.g., 99.48% probability). Because of its accuracy, the test result generally settles the issue, so contested paternity trials are rare.


Who pays for the genetic tests?

The State of Michigan pays if the alleged father is excluded.

If the alleged father is found to be the biological father, he will be ordered to pay for the test. At this time the cost is approximately $108.


What happens if the mother or father is not 18?

In Michigan, the mother's or father's age is irrelevant.


How long after the child is born can paternity be established?

Both Michigan and federal laws permit paternity actions to be started anytime before the child reaches the age of 18. But, you should not wait to establish paternity. Your child has the right to expect regular and continued emotional and financial support from both parents. Give your child the best possible chance in life by getting paternity established now!


When can the father's name be put on the birth certificate?

If the mother is married, her husband's name will be recorded on the birth certificate. In other circumstances:

• if the mother has been divorced or widowed for less than ten months, her husband at the time of conception will be named on the birth certificate, or
• if the mother was not married at the time of conception or birth, the father's name can be placed on the birth certificate if an Affidavit of Parentage has been signed and notarized.
• birth certificates are not automatically changed when an Affidavit of Parentage is filed, unless the change is made at the birth hospital before the birth has been registered. Changes to registered birth records can be requested based upon a properly completed Affidavit of Parentage, but the birth record correction must be requested on an Application to Add a Father. These forms are available at the County Clerk's office or the Office of the State Registrar. A birth certificate can be changed to reflect the father listed on this Affidavit if no other man is recorded on the birth certificate as the child's father. Should a conflict exist, a court determination of paternity may become necessary.

If the parents decide to voluntarily acknowledge paternity, what other steps must be taken?

Beside filing the notarized Affidavit of Parentage with the Michigan Department of Community Health's Office of the State Registrar, the parents should try to agree on issues of child support, parenting time ("visitation") and custody. If the parents cannot agree, then they must get a court order.

1. Contact a private lawyer or the Department of Humans Services' Office of Child Support (1-866-540-0008) to request an action under the Uniform Interstate Family Support Act (UIFSA); a UIFSA order establishes a support order in the state where the non-custodial parent lives. Bring copies of all court orders involving the parents, plus the full name, date of birth, social security number, and last known address of the person who owes support money. The OCS will send a referral to the Prosecuting Attorney to start a UIFSA action. If the missing parent's whereabouts are unknown, the OCS or the Prosecuting Attorney may be able to help find him or her. Once the state in which the non-custodial parent lives enters its support order, authorities in that state are responsible for its enforcement. Each state has control within its own borders, and a support order established in the other state under UIFSA does not affect the amount owed under the Michigan order. A delinquent payor who returns to Michigan can be brought before a Michigan court for failure to pay under the Michigan order.
2. Register the Michigan order in the other state where the paying parent lives. (The Friend of the Court or a private lawyer can help do this.) Once registered, it becomes an order of that state's court, and is enforced by that other state. [NOTE: In some states, registering the support order requires registering the custody and visitation orders, which will give the other state's court the power to change the terms of the support, custody or visitation orders, if asked.]
3. Request the Friend of the Court to arrange for the Michigan court to send an interstate income withholding order, if the name and address of the payer's source of income are known. The FOC can then begin an interstate income withholding action.

Are there different kinds of custody?

Yes. The most common types of custody are Joint Custody [where the child lives with one parent part of the time and with the other parent part of the time and/or parents both share in making decisions on important issues dealing with the child] and Sole Custody [where the child lives with one parent and that parent is responsible for making decisions on important issues dealing with the child].

What is the Prosecutor's role in issues of custody and parenting time ("visitation")?

After a case is filed in Circuit Court and a temporary support order is signed by the Judge, the Prosecuting Attorney's office will refer the matter to the Friend of the Court's office for a formal recommendation on custody, support and parenting time ("visitation"). The Prosecuting Attorney does not appear in court on custody or parenting time ("visitation") issues or disputes. If you need help because you are being denied parenting time, you may contact the Friend of the Court for assistance once a judgment has been issued by a Circuit Court Judge, or you may seek the assistance of a private attorney who specializes in family law.

If you believe that the other parent has kidnapped your child, contact the police. They will conduct an investigation and possibly refer the case to the Prosecuting Attorney to decide whether a crime has occurred requiring prosecution.

How do I get an order for custody?

A petition must be filed requesting the court to grant you custody of your child(ren). If both parties agree and sign an agreement (called a Stipulation and Consent Agreement), that will be entered as a custody order (if the Judge approves the terms, too).

How do I change an existing custody order?
A custody order can be changed by filing a petition to modify the custody order --- or the parents can sign a written agreement, which the Judge can approve and enter.

We can't agree on custody issues. Can the Court help us reach an agreement?

The Friend of the Court will provide domestic relations "mediation" to help resolve disagreements over the terms of custody. Mediation is a voluntary process where a neutral third party assists in settling disputes.

If the parties cannot agree on the terms of custody --- or if mediation does not resolve disputes --- the FOC will conduct an investigation and file a written report and recommendation with the Circuit Court based on factors listed in the Michigan Child Custody Act. The parents will get copies of the report and recommendation. A court hearing will follow before the Judge decides what to do about custody.

Do I need an attorney to get a custody order?

You do not have to have an attorney in order to file for a custody order, but it is a good idea because there are many complicated legal issues involved. Neither the Prosecuting Attorney nor the Friend of the Court can act as your legal counsel, or file a custody petition for you.

How do I get an order for parenting time ("visitation")?

File a petition requesting that the court grant you parenting time with your child(ren). If both parties (and the Judge) agree and sign an agreement, that will be entered as a parenting time order. A parenting time order can be changed by filing a petition to modify the order --- or the parents can sign a written agreement, which the Judge can approve and enter. The Friend of the Court will provide domestic relations "mediation" to help resolve disagreements over the terms of parenting time.

If the parties cannot agree on the terms of parenting time --- or if mediation does not resolve disputes --- the Friend of the Court will conduct an investigation and file a written report and recommendation with the Circuit Court, based on factors listed in the Michigan Child Custody Act. The parents will get copies of the report and recommendation. A court hearing will follow before the Judge decides what to do about custody.

The Child Custody Act states that parenting time shall be granted in accordance with the "best interests of the children". A child has a right to parenting time with the non-custodial parent unless the Judge rules by clear and convincing evidence that the parenting time would endanger the child's physical, mental or emotional health.

I am being denied parenting time. What can be done?

First, contact your attorney (if you hired one to assist you getting the custody order). Otherwise, file a written complaint with your county's Friend of the Court, requesting that the FOC take action to enforce the order. Include specific facts, dates, times, etc., and the reasons given for the alleged denial of visitation. If the Friend of the Court has reason to believe that the Parenting Time order has been violated, the office may (1) meet with the parties to try to resolve the disagreements, (2) refer the dispute to a mediator, (3) apply the office's local make-up visitation policy, (4) begin a civil contempt proceeding with the Court by filing a petition for a show cause order, and/or (5) petition the Court to change the existing Parenting Time order.

Does the Prosecuting Attorney or the Friend of the Court have a responsibility to investigate alleged abuse and/or neglect of a child?

Allegations of child abuse or neglect should be reported to the Protective Services unit of your county's Family Independence Agency. The Leelanau County DHS office is located in Traverse City:

701 S. Elmwood, Suite 19
Traverse City, MI 49653
231-941-3900

If the DHS investigation determines that abuse or neglect has occurred, the Prosecuting Attorney may be asked to assist DHS in filing a neglect petition in the Family Division of Circuit Court. The Friend of the Court must conduct an investigation when a party files a visitation or custody petition; allegations of abuse or neglect should be communicated to the Friend of the Court during this investigation.

What is the Friend of the Court?

The Friend of the Court is a division of the Circuit Court; we share ours with Grand Traverse and Antrim Counties.  The Friend of the Court is not a division of the Prosecuting Attorney's Office .  Public Act (1982 PA 294) makes the office responsible for: 

• investigating, reporting and making recommendations to the Circuit Court on custody, parenting time ("visitation") and the amount of child support
• providing mediation sessions to resolve child custody and parenting time disagreements
• collecting, recording and sending out all support payments ordered by the Court
• initiating enforcement of all custody, support and parenting time ("visitation") orders entered by the Court

Where do I contact the Leelanau County Friend of the Court?

Friend of the Court
328 Washington St.
Traverse City, MI 49684
231-922-4660

They will want questions sent to them in writing. Make sure that you include your case number.

What web sites have Friend of the Court-related information?

Michigan Friend of the Courts department directory

Michigan Friends of the Court directory
Michigan Supreme Court
· SCAO Friend of the Court Bureau
· Friend of the Court Overview ·
· Model Friend of the Court Handbook
· Parenting Time Guidelines [141kb]
Allegan County Friend of the Court

Berrien County Friend of the Court (37th Circuit)
Calhoun County Circuit Court (37th Circuit)
Ingham County Circuit Court (30th Circuit)
Ionia County Friend of the Court (8th Circuit)

Jackson County Friend of the Court

Kalamazoo County Friend of the Court

Kent County Friend of the Court
Livingston County Friend of the Court
Marquette County Friend of the Court
Midland County Friend of the Court

Monroe County Friend of the Court
Roscommon County Friend of the Court
Washtenaw County Friend of the Court
Wayne County (3rd Circuit Court) Friend of the Court

Related Links:
Child support payments from parents in the military

What web sites have Michigan child support-related information?

Check out the Michigan Department of Human Services, Office of Child Support page and  the Attorney General's page on child support.

How to order a certified copy of the birth certificate. 

Check out the Federal Administration for Children and Families, the Federal Office of Child Support Enforcement, the Association for Children for Enforcement of Support,  and the International Child Support web sites.

Michigan child support professionals are approached by many citizens who want information on how to change their domestic relations court order as well as information about how the friend of the court and the court itself make decisions regarding custody, parenting time, and child support.

The State Court Administrative Office has developed motion forms for those citizens who have a domestic relations case and want to change their court order without the assistance of an attorney.

The motion to change custody can be found at: http://courts.michigan.gov/scao/courtforms/domesticrelations/custody-parentingtime/foc87.pdf

The motion to change parenting time can be found at: http://courts.michigan.gov/scao/courtforms/domesticrelations/custody-parentingtime/foc65.pdf


The motion to change child support can be found at:
http://courts.michigan.gov/scao/courtforms/domesticrelations/support/foc50.pdf

NOTE: Under the Friend of the Court Act, a party to a domestic relations case is entitled to a review of child support once every 24 months. Effective June 30, 2005, this will change to once every 36 months. To request the review, the party should submit a written request to the friend of the court office. The friend of the court office has 180 days to conduct the review, file a motion and have an order entered by the court.

The following websites provide information about how the friend of the court and the court make decisions in domestic relations cases:

The Michigan Custody and Parenting Time Investigation Manual at: http://courts.michigan.gov/scao/resources/publications/manuals/focb/cpinvmnl.htm

Michigan Custody Guidelines at: http://courts.michigan.gov/scao/resources/publications/manuals/focb/custodyguideline.pdf

Parenting Time Guidelines at: http://courts.michigan.gov/scao/resources/publications/manuals/focb/pt_gdlns.pdf

Michigan Child Support Manual at: http://courts.michigan.gov/scao/services/focb/mcsf.htm


The State Court Administrative Office offers many other publications regarding custody, parenting time, and child support that can be found at: http://courts.michigan.gov/scao/services/focb/focb.htm.  In addition to these publications the State Court Administrative Office also has a Self Help Center at: http://courts.michigan.gov/scao/selfhelp/selfhelphome.htm.  This site is designed to help citizens find legal assistance, learn about Michigan law, and learn how to represent themselves in some legal matters. This site does not provide legal advice.

You may also be eligible for services through the Legal Services of Northern Michigan.
Their telephone number is 231-941-0771.

The family support program of the Leelanau County Prosecuting Attorney's Office is funded in part by the State of Michigan.