To file a paternity complaint in Michigan, submit a Complaint to Determine Child Born Out of Wedlock, along with a summons, to the circuit court in the county where the mother or child lives. There is no filing fee.1Michigan Legislature. MCL 722-727 Once the other parent is served and any disputed facts (usually biological parentage) are resolved, the judge enters an Order of Filiation that establishes the legal father-child relationship and sets custody, parenting time, and child support.
Who Can File and When You Need To
Three people or entities can file: the mother, the alleged father, or the Michigan Department of Health and Human Services when it is pursuing a support order.2Michigan Department of Health and Human Services. Michigan IV-D Child Support Manual 4.05 Paternity Establishment
You only need a court complaint if the voluntary route has broken down. When unmarried parents agree on who the father is, they can sign an Affidavit of Parentage, usually at the hospital, and skip court entirely.3Michigan Department of Health and Human Services. Establish Parentage A complaint is the tool for the harder situations: the mother is unsure who the biological father is, the alleged father denies parentage, or one parent wants a legal relationship established and the other won’t cooperate.
Where to File
File in the circuit court for the county where the mother or child lives. If both live outside Michigan, file in the county where the alleged father lives or can be found.4Michigan Legislature. MCL 722-714 Filing in the wrong county gives the other side grounds to challenge the case at the outset, so confirm venue before you submit anything.
Some Michigan circuit courts accept electronic filing through MiFILE, but not all of them. Check whether your county’s circuit court is on the MiFILE list before assuming you can file online; otherwise, bring the paperwork to the circuit court clerk during business hours.
The Forms and Information You’ll Need
Blank forms are on the Michigan Courts website, which hosts every SCAO-approved form.5Michigan Courts. Forms Michigan Legal Help offers a guided Do-It-Yourself tool that walks you through the complaint by question and fills in your answers, which is useful if you’re representing yourself.
The complaint asks for:
- Full legal names and current addresses of both the mother and the alleged father.
- The child’s full name and date of birth.
- Residency details showing which party lives in the county and for how long, so the court can confirm jurisdiction.
- Whether a father is already listed on the birth certificate or whether an Affidavit of Parentage was previously signed.
You also need to prepare a Summons, Form MC 01. This is the document that notifies the other parent that a case has been filed. The clerk fills in part of it after you submit, including the response deadline. File both forms together.6Michigan Courts. MC 01 Summons
Filing Fees
There are none. Michigan’s Paternity Act prohibits charging filing fees, decree fees, judgment fees, or stenographer fees for paternity proceedings,1Michigan Legislature. MCL 722-727 and the Circuit Court Fee Schedule confirms the exemption.7Michigan Courts. Circuit Court Fee and Assessments Table The court can later assess certain costs against the father as part of the Order of Filiation, so the waiver covers getting the case started, not every expense that arises later.
Serving the Other Parent
Once the clerk file-stamps the complaint and summons, you have to deliver copies to the other parent. Michigan court rules require that the person doing the delivering be a legally competent adult who is not a party to the case.8Michigan Courts. Michigan Court Rules You cannot serve the papers yourself. A friend, relative, or professional process server can do it, so long as they’re at least 18 and not part of the lawsuit. Professional process servers typically charge between $55 and $195.
Two delivery methods are acceptable:
- Personal service, meaning physically handing the summons and complaint to the other parent.
- Certified or registered mail with return receipt requested and delivery restricted to the addressee. Service by mail is only complete when the other parent actually signs for it.9Michigan Judicial Institute. Service of Process Table
Whoever delivers the papers must complete the Proof of Service on the back of the summons, recording the date, time, and method, and sign it. That proof of service goes back to the court clerk. Without it, the case does not move forward.
Response Deadlines
The method of service sets the clock. In-hand delivery in Michigan gives the defendant 21 days to file a written answer. Service by mail, or service made outside Michigan, extends the deadline to 28 days.10Michigan Courts. Instructions for Filing and Serving an Answer to a Complaint If the defendant misses the deadline, you can ask the court for a default judgment, and the judge may rule in your favor without hearing from the other side.
Genetic Testing When Paternity Is Disputed
If the alleged father denies being the biological parent, the court will order DNA testing. Either party can request it, or the judge can order it on their own. The test covers the mother, the child, and the alleged father.11Michigan Legislature. MCL 722-716
Court-admissible testing has to be done by a laboratory accredited for paternity determinations by a nationally recognized scientific organization such as the AABB (formerly the American Association of Blood Banks). Samples must follow a legal chain of custody, collected at an approved facility. At-home DNA kits ordered online will not be accepted. Court-ordered genetic testing typically costs between $45 and $375 depending on the laboratory, and the judge decides who pays, sometimes splitting the cost, sometimes assigning it to one party, and sometimes having the county cover it. If MDHHS paid and the court declares paternity, the judge can order the father to reimburse those costs.11Michigan Legislature. MCL 722-716
After results come back, both parents receive the summary report. Either party has 14 days to file a written objection stating the specific basis for challenging the results. If no one objects within that window, the court admits the DNA evidence without requiring the lab technician to testify in person.11Michigan Legislature. MCL 722-716
Refusing to submit to testing carries real consequences. The judge can enter a default judgment against the party who refuses, or, if the case goes to trial, allow the factfinder to hear that the party refused.
The Order of Filiation
When the court declares paternity, it issues an Order of Filiation. Michigan law requires that same order to include provisions for custody, parenting time, and child support.12Michigan Legislature. MCL 722-717b If the parents agree on custody, those terms go into the order. If they don’t, the court enters a temporary order covering support and custody while the dispute is worked out. Custody itself is decided under the 12 best-interest factors in Michigan’s Child Custody Act,13Michigan Courts. Custody Guideline and child support is set using the Michigan Child Support Formula, run in most cases by the Friend of the Court.14Michigan Courts. Michigan Child Support Formula Manual
Once the order is final, MDHHS receives a copy and updates the child’s birth certificate to add the father’s name. That is an administrative step handled through the court, not something you file separately. From that point forward, the Friend of the Court investigates and makes recommendations on custody, parenting time, and support, and enforces the resulting order through tools that include income withholding, tax intercepts, and license suspensions.15Michigan Legislature. Friend of the Court