QUESTION
If the biological father has not signed teh birth certificate does he have any rights to the child?
Asked on Feb 15th, 2012 on Family Law - Michigan
More details to this question:
I live in Michigan. My Ex and I have an 8 month old daughter together. We are recently seperated. During the time of her birth he was out of state visiting family. HE never signed her birth certificate. Does he have any rights to our daughter? Can he seek visitation? His choice of new girlfriend is an attorney (who is expecting his second child) can she be involved in our custody matters?
Lastly, he owns a business (and INC) that he uses teh funds from for personal matters. Should we go to court can child support be based on his business income or just his personal?
1 ANSWER
As the biological parent of the child he would be able to seek custody and/or parenting time with the child by filing a complaint with the court. During that process he would be able to acknowledge paternity of the child regardless of whether he signed the birth certificate. His girlfriend would have no rights and no standing to be involved in issues related to your child with your ex. If child support is an issue all forms of compensation would be considered by the court in determining the amount of support. Any personal expenses he pays from the business would be added to his income for support purposes and if there are retained earnings in the business those too would be added to his income. As a sole business owner he has more of an ability to divert or hide income so there would be more involved in determining his income for support purposes. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. I urge you to consult with an attorney because every situation is different.
Answered on Feb 16th, 2012 at 2:30 PM