VOLUNTARY PATERNITY ACKNOWLEDGMENT
AND PARENTAL RESPONSIBILITIES AGREEMENT
(Michigan – Governed by the Acknowledgment of Parentage Act)
[// GUIDANCE: This template is drafted for use by Michigan family-law practitioners when clients wish to voluntarily establish paternity outside of court. It is intended to supplement—not replace—the State of Michigan’s statutory “Acknowledgment of Parentage” form (form DHS-4598). Attach the executed DHS-4598 as Exhibit A to ensure statutory compliance.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Acknowledgment of Paternity and Legal Effect
- Genetic Testing Provisions
- Child Support and Related Obligations
- Custody, Parenting Time, and Decision-Making Authority
- Representations & Warranties
- Covenants & Ongoing Cooperation
- Rescission / Revocation Window
- Default, Notice & Remedies
- Risk Allocation & Liability Caps
- Dispute Resolution
- General Provisions
- Execution Block & Notarization
1. DOCUMENT HEADER
1.1 Effective Date. This Voluntary Paternity Acknowledgment and Parental Responsibilities Agreement (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”).
1.2 Parties.
(a) [MOTHER FULL LEGAL NAME], an individual residing at [ADDRESS] (“Mother”); and
(b) [FATHER FULL LEGAL NAME], an individual residing at [ADDRESS] (“Father”).
Mother and Father are sometimes referred to individually as a “Party” and collectively as the “Parties.”
1.3 Child. This Agreement concerns the minor child:
• [CHILD FULL LEGAL NAME], born [DOB], in [CITY/COUNTY], Michigan (the “Child”).
1.4 Governing Law & Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, including the Acknowledgment of Parentage Act, and any disputes shall be heard exclusively in the [NAME OF COUNTY] County Circuit Court, Family Division (the “Court”). Jury trial is not available in family-court proceedings.
2. DEFINITIONS
“Acknowledgment of Parentage Act” means Michigan Compiled Laws §§ 722.1001 et seq.
“Acknowledgment Form” means the State of Michigan “Acknowledgment of Parentage” form (currently DHS-4598) executed in conjunction with this Agreement.
“Child Support Formula” means the Michigan Child Support Formula (MCSF) in effect on the date any support is calculated.
“Genetic Testing” means deoxyribonucleic acid (DNA) testing performed by an accredited laboratory in compliance with 42 C.F.R. pt. 493 and any Michigan Department of Health and Human Services (“MDHHS”) regulations.
“Support Obligations” means child-support, medical-support, and childcare obligations imposed under Section 5 of this Agreement or by subsequent court order.
All other capitalized terms have the meanings assigned elsewhere in this Agreement.
3. ACKNOWLEDGMENT OF PATERNITY AND LEGAL EFFECT
3.1 Voluntary Acknowledgment. Father affirms that he is the biological father of the Child and, together with Mother, has executed the Acknowledgment Form contemporaneously herewith.
3.2 Legal Status. Upon filing of the Acknowledgment Form with the Michigan Department of Health and Human Services, Father shall be the legal father of the Child with all attendant rights and responsibilities, subject to Section 9 (Rescission / Revocation).
3.3 Birth Record Amendment. The Parties shall cooperate to ensure that the Child’s birth certificate is amended to list Father as the Child’s legal father.
3.4 No Marriage Presumed. The Parties acknowledge that they are [UNMARRIED / MARRIED ON DATE OF MARRIAGE]; this Agreement does not constitute marriage or confer spousal rights.
4. GENETIC TESTING PROVISIONS
4.1 Right to Testing. Either Party may demand Genetic Testing prior to the filing of the Acknowledgment Form.
4.2 Waiver of Testing. Absent a timely written demand under Section 4.1, each Party irrevocably waives the right to Genetic Testing as a pre-condition to the Acknowledgment Form.
4.3 Allocation of Costs. Costs of any Genetic Testing shall be advanced by the requesting Party and may be reallocated by the Court in any subsequent proceeding.
[// GUIDANCE: Insert timelines (e.g., “within 14 days of the Effective Date”) if the parties want a firm testing schedule.]
5. CHILD SUPPORT AND RELATED OBLIGATIONS
5.1 Initial Support Amount. Father shall pay child support commencing [START DATE] in the amount determined pursuant to the Child Support Formula, currently calculated at $[AMOUNT] per [WEEK / MONTH].
5.2 Method of Payment. Payments shall be made through the Michigan State Disbursement Unit (MiSDU) unless the Court orders otherwise.
5.3 Health-Care Coverage. Father shall maintain health-care coverage for the Child if available at reasonable cost; otherwise, the Parties shall share uninsured medical expenses [PERCENTAGE SPLIT].
5.4 Childcare and Extracurricular Expenses. The Parties shall apportion work-related childcare and mutually agreed extracurricular expenses pursuant to the Child Support Formula Supplemental Schedules.
5.5 Modification. Support Obligations are subject to statutory review and modification upon a material change in circumstances or every 36 months, whichever comes first.
6. CUSTODY, PARENTING TIME, AND DECISION-MAKING AUTHORITY
6.1 Custody. Pursuant to MCL 722.1006, Mother has initial custody of the Child until otherwise modified by court order.
6.2 Agreed Parenting-Time Schedule. The Parties hereby adopt the schedule attached as Exhibit B.
6.3 Joint Legal Custody. The Parties [ELECT / DO NOT ELECT] to share joint legal custody, subject to Court approval and the Child’s best interests under MCL 722.23.
6.4 Major Decisions. If joint legal custody is elected, neither Party shall make unilateral major decisions (education, non-emergency medical, religious upbringing) without the other’s written consent.
7. REPRESENTATIONS & WARRANTIES
Each Party represents and warrants that:
(a) Capacity. He or she is at least 18 years old, of sound mind, and not under duress.
(b) Biological Relationship. Father reasonably believes he is the Child’s biological father.
(c) No Conflicting Orders. No prior court order conflicts with this Agreement.
(d) Full Disclosure. All material facts relevant to paternity and support have been disclosed.
Survival. These representations and warranties survive execution and filing of the Acknowledgment Form.
8. COVENANTS & ONGOING COOPERATION
8.1 Compliance with Law. Each Party shall comply with all applicable Michigan statutes, court rules, and administrative regulations relating to paternity, child support, and custody.
8.2 Change of Address. Each Party shall provide written notice to the other and to MiSDU of any change in residential or mailing address within 7 days.
8.3 Mutual Cooperation. The Parties shall cooperate in good faith to facilitate any applications for public benefits, passports, insurance, or educational enrollment for the Child.
9. RESCISSION / REVOCATION WINDOW
9.1 Statutory Right. Either Party may rescind the Acknowledgment Form within 3 business days after its signing by filing a rescission form with MDHHS.
9.2 Post-Rescission Challenges. After the 3-day period, the Acknowledgment may be challenged only as provided in MCL 722.1011–.1013; clear and convincing evidence is required to rebut paternity.
10. DEFAULT, NOTICE & REMEDIES
10.1 Events of Default. Any of the following constitutes a default:
(a) Failure to pay Support Obligations on the due date;
(b) Material violation of the agreed parenting-time schedule;
(c) Breach of Section 8 covenants.
10.2 Notice & Cure. Non-defaulting Party shall deliver written notice specifying the default. The defaulting Party has [10] days to cure monetary defaults and [30] days to cure non-monetary defaults, unless shorter periods are required by law for the Child’s safety.
10.3 Remedies. Remedies include but are not limited to: income withholding, tax refund interception, suspension of licenses, make-up parenting time, contempt proceedings, and any other relief available under Michigan law.
10.4 Attorney Fees. The prevailing Party in any enforcement action shall be entitled to recover reasonable attorney fees and costs, subject to Court approval.
11. RISK ALLOCATION & LIABILITY CAPS
11.1 Indemnification. No indemnification obligations are created by this Agreement.
11.2 Liability Cap. Each Party’s financial liability under this Agreement is limited to (i) his or her respective Support Obligations and (ii) any Court-ordered fees or sanctions arising from non-compliance.
11.3 Force Majeure. A Party’s temporary inability to perform due to events beyond reasonable control (e.g., natural disasters, severe illness) shall not constitute default, provided the Party gives prompt written notice and resumes performance as soon as practicable.
12. DISPUTE RESOLUTION
12.1 Governing Law. Michigan substantive and procedural law governs this Agreement.
12.2 Exclusive Forum. The Circuit Court for [COUNTY] County, Family Division, has exclusive jurisdiction.
12.3 Arbitration. Arbitration is not available for matters covered by this Agreement.
12.4 Injunctive Relief. The Court may order such equitable or injunctive relief as necessary to enforce Support Obligations or parenting-time provisions.
12.5 Waiver of Jury Trial. Family-court proceedings in Michigan are heard without a jury. Each Party knowingly waives any right to jury trial to the extent one might otherwise exist.
13. GENERAL PROVISIONS
13.1 Amendments. Any amendment must be in writing, signed by both Parties, and approved by the Court if required.
13.2 Assignment. Neither Party may assign rights or delegate duties under this Agreement, except that support enforcement agencies may exercise statutory collection rights.
13.3 Severability. If any provision is held unenforceable, the remainder shall be interpreted to effect the Parties’ intent.
13.4 Entire Agreement. This Agreement, together with the Acknowledgment Form and any signed exhibits, constitutes the entire understanding of the Parties regarding the subject matter.
13.5 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Facsimile and electronic signatures are binding to the fullest extent permitted by Michigan law.
13.6 Successors & Assigns. This Agreement binds the Parties and their heirs, personal representatives, and permitted assigns.
14. EXECUTION BLOCK & NOTARIZATION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| Mother | Father |
|---|---|
| _________ | _________ |
| [MOTHER NAME] | [FATHER NAME] |
| Date: ___ | Date: ___ |
NOTARY ACKNOWLEDGMENT
State of Michigan )
County of [COUNTY] )
On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [MOTHER NAME] and [FATHER NAME], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public, State of Michigan
County of _
My Commission Expires: _
Acting in the County of ____
[// GUIDANCE: If two adult witnesses are used instead of a notary (per MCL 722.1003), replace the notary block with witness signature lines.]
EXHIBIT A
Fully executed State of Michigan “Acknowledgment of Parentage” (DHS-4598).
EXHIBIT B
Parenting-Time Schedule (attach detailed calendar).
[// GUIDANCE:
1. Review all bracketed placeholders and insert client-specific information.
2. Confirm current MCSF figures and health-insurance availability.
3. File the Acknowledgment Form with MDHHS within required timelines.
4. Submit this Agreement for court approval if custody or support terms differ from statutory defaults.
]