When Child Protective Services (CPS) files a petition in court, complicated questions about paternity often surface. Michigan law recognizes that the man legally identified as a child’s father may not be the biological father, and in child protection cases, this distinction matters.
The Revocation of Parentage Act (ROPA) and the Juvenile Code sometimes overlap, creating conflicts that require careful legal navigation. If you are a parent or alleged father involved in a CPS case in Michigan, you must consult with an experienced CPS attorney to protect your rights under Michigan law.
Alleged Fathers in CPS Actions
Michigan courts must identify a child’s father early in a CPS case, since placement, custody, and parental rights all depend on legal parentage. Under Michigan law, a “father” may be:
(a) A man married to the mother at any time from a child’s conception to the minor’s birth;
(b) A man who legally adopts the child;
(c) A man who has been adjudicated to be the father of the child;
(d) A man judicially determined to have parental rights; or
(e) A man whose paternity is established by the completion and filing of an acknowledgment of parentage (AOP).
If the court determines that the child has no “father” as defined above, then it may look to whether there is a “putative father” (alleged biological father of a child who has no legal father). Notably, the Michigan Court of Appeals has held that if a child already has a legal father, a biological father cannot participate in the protective proceeding. This decision was largely based on a court rule that allows courts to include putative fathers only if the child has no legally recognized father.
The Role of the Revocation of Parentage Act (ROPA)
The Michigan Court of Appeals decision in re A.P., 283 Mich App 574, appears to create tension with ROPA, which provides the substantive right of a biological father to seek to establish paternity even when a legal father exists. Michigan law also requires that if a CPS case is already pending, the biological father must file his paternity action by motion in that juvenile case, not as a separate lawsuit. As the Michigan Court of Appeals has said in other contexts, statutes that grant substantive rights, like the right to establish paternity under ROPA, can prevail over conflicting court rules that deal with procedure.
This complex contradiction exemplifies why consulting with a skilled CPS attorney is necessary. A biological father can lose out on establishing paternity of their child, who is the subject of a CPS case, due to mistakes or misunderstandings of these laws. A Michigan CPS attorney can advise you on the laws and effectively represent your interests and protect your rights.
Why This Matters for Parents in CPS Cases
Paternity determinations affect nearly every decision in a CPS case:
- Placement and reunification: Only legal parents may seek placement or reunification with their child.
- Custody and parenting time: Once paternity is established, the court can also enter custody and parenting time orders.
- Support obligations: Establishing paternity brings child support responsibilities, enforced.
Constitutional Protections for Parents
Michigan courts recognize that parents have a fundamental constitutional right to the care, custody, and control of their children. This means that biological fathers seeking to establish paternity in CPS cases are invoking not only state statutes but also constitutional rights. This, of course, can increase the risk of mistakes if you attempt to represent yourself. A Michigan CPS attorney can inform you of what rights you have to assert in these cases and advocate for those rights in court.
Why You Need an Experienced CPS Attorney
The intersection of CPS laws and paternity laws in Michigan is a complex area of family law. Procedural missteps, like filing in the wrong court or missing statutory deadlines, can permanently impact your parental rights. A skilled CPS attorney is familiar with both ROPA and the Juvenile Code. They can:
- File the correct motions within the CPS case.
- Ensure that constitutional and statutory rights are fully asserted.
- Advocate for custody, parenting time, or placement if paternity is established.
- Navigate Friend of the Court involvement for support and enforcement.
If you are trying to establish paternity in a CPS case in Ingham, Kent, Saginaw, Oakland, or other Michigan counties, legal guidance is essential to protecting your rights and your role in your child’s life.
FAQs: ROPA and CPS Cases in Michigan
1. Can a biological father participate in a CPS case if a legal father exists?
Likely yes. Contact a CPS attorney as soon as possible. Your attorney can review your case and advise you on what options are available to you.
2. If paternity is established in a CPS case, can the court also order custody or parenting time?
Yes. Michigan courts have held that once paternity is established, the same family court may enter custody and parenting time orders.
3. What happens if the court denies a biological father’s motion under ROPA?
If the court denies the motion, the biological father will not be recognized as a legal parent and cannot seek custody, placement, or reunification in the CPS proceeding. If your motion under ROPA has been denied, consult with a CPS attorney as soon as possible to avoid missing any potential appeal deadlines.
4. Will Friend of the Court (FOC) get involved after paternity is established in a CPS case?
Yes. Once paternity is established, the FOC may enforce support, custody, and parenting time orders.
5. Do I really need a lawyer for this?
Absolutely. The overlap between ROPA and the Juvenile Code is far from straightforward. A CPS attorney can review your case and determine whether you are allowed to participate in your child’s CPS case and what options are available to you. Without an attorney, you risk losing rights permanently.
Call The Kronzek Firm Today!
Because these cases involve highly technical legal complexities, it’s essential to work with an attorney experienced in Michigan CPS and paternity cases. At The Kronzek Firm, we understand how sensitive and contentious these cases are and the toll it takes on families. Whether you are in Ingham, Macomb, Kalamazoo, or another Michigan County, we are here to fight for your parental rights.
Contact all of our offices at 1-800-KRONZEK (576-6935) to schedule a consultation and discuss the best legal path forward. You can also send us an email at contactus@kronzek.law at any time.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]