If you signed the Affidavit of Parentage when your child was born, and your name appears on your child’s birth certificate, the first thing you should do is contact an attorney to discuss filing a custody action in the appropriate circuit court. At the same time the complaint for custody is filed, a motion requesting a court order for immediate return of your child to the State of Michigan should also be filed.
If you did not sign the Affidavit of Parentage, and your name is not on your child’s birth certificate, then you or your attorney must file a paternity action in the appropriate circuit court in order to establish paternity of your child. Once paternity is established via genetic testing and you have been recognized as the legal and biological father of your child through an order of the court, you can request the return of your child to the State of Michigan.
This is a rather complicated issue and extreme care needs to be used to ensure the appropriate action is taken at each intricate step along the way. Consulting with a highly experienced family law attorney is important in making sure your case is handled correctly. The family law team at Kelly & Kelly has extensive experience in navigating the return of children who are taken out of state by one parent without the other parent’s permission. Contact us today to further discuss the details of your case.