Michigan Custody and Parenting Time During COVID-19

On March 23, 2020, in response to the COVID-19 outbreak, Michigan Governor Whitmer issued Executive Order 2020-21 which was a “Stay Home-Stay Safe” order requiring Michigan residents to shelter in place and restrict travel.  The Order was scheduled to expire on April 12, 2020, however, the Order may be extended and Governor Whitmer indicated on April 6, 2020 that an announcement may be coming shortly.

Many parents have had questions about how this Order affects custody and parenting time.  First and foremost, if you have specific questions, you should seek the advice of an attorney.  However, there are some resources providing general guidance and clarification for handling custody and parenting time issues during this “Stay Home-Stay Safe” order.

First and foremost, Executive Order 2020-21 allows for the transportation of children between homes pursuant to a parenting time agreement.  This is stated in section (7)(b)(4).  Even though we are required to shelter in place, parents can drive children to and from homes pursuant to their custody and parenting time agreements or court orders.  The “Stay Home-Stay Safe” order itself is not grounds for refusing to comply with a custody/parenting time order or agreement.

The Michigan Supreme Court provided some guidance on March 16^th prior to the “Stay Home-Stay Safe” order.  That guidance, found here, encouraged parents to work together to keep things as normal as possible for their children.  To the extent that parents can’t agree otherwise, the written agreement or order still applies and should be followed.

 On April 2, 2020, the Michigan State Court Administrative Office published FAQs about Custody and Parenting Time During the COVID-19 Outbreak.  The most frequently asked questions about custody and parenting time are addressed, along with a helpful list of resources and information.

What happens if parents don’t agree, or a parent is violating the custody/parenting time court order or agreement?  With the “Stay Home – Stay Safe” order in place, most courts are closed or are only handling emergency issues.  It is crucial to check the website of the courthouse for updates and information, and/or speak to an attorney for guidance. For example, Washtenaw County Judges are hearing some emergency issues via video conferencing with ZOOM.  The procedures for the Court are detailed on their website here.  However, as the situation is frequently changing, check back often for updates.

I can help you with your family law needs. I am working remotely during this time of shut-down, and can be reached by email at walton@psedlaw.com, or by phone at 734-328-2858.

Paternity is Redefined in Michigan

Paternity in Michigan has been completely redefined. The law in Michigan since 1956 has presumed that a child born in a marriage was the product of that marriage. This presumption existed even if the husband was not the biological father, and that fact could be proven.

As of June 12, 2012, pursuant to a new law signed in by the Governor of Michigan, paternity can now be established by the biological father even if the child was born in a marriage. This new law grants biological fathers rights over presumed fathers (men presumed to be the father because the child was born during the marriage.

However, very specific circumstances have to exist in order for paternity to be established, and there are extensive requirements in place with the new law. The primary circumstance that must exist is that paternity must be sought within 3 years of a child’s birth, or within 1 year of the entry of an Order of Filiation (paternity), whichever is later. This is merely one requirement, and the remaining requirements are too numerous to list here.

There is also a provision in the law allowing paternity actions under the new act even if the 3 year requirement isn’t met, provided they are filed within 1 year of enactment of the new law, again, under specific circumstances.

If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

Arnold Schwarzenegger’s Teenage “Love Child:” Why is Paternity Public Now?

There is no question that the hottest news (gossip) topic in the last few days has been centered around the “love child” fathered by Arnold Schwarzenegger with his housekeeper, allegedly Mildred “Patty” Patricia Baena, while he was married to Maria Shriver. The news has been shocking, devastating, and sad, to say the least. Even more shocking that the child is now a teenager, and this entire relationship and child was hidden privately and publicly for over a decade.

Which raises an interesting question. Why has this become public now, since the child is assumed to be about 14 years old? Why not earlier? While I don’t presume to know the laws of paternity in California, a brief overview of paternity law in Michigan may provide some possible answers.

In Michigan, if a child is born while a woman is married, that child is legally presumed to be the biological child of the married parents. No one can challenge this paternity while the couple is married, even if a DNA test proves that the biological father is someone else.

If a woman becomes pregnant when she is unmarried, but then marries someone before the child is born, the child is presumed to be the father of the man she marries. This is true again even if DNA tests prove that the biological father is someone else.

In short, Michigan honors the sanctity of marriage for purposes of paternity. If a child is born during a marriage, the husband is presumed legally to be the father.

However, if the couple files for divorce, the mother or father can challenge the paternity of any of the children born during the marriage. If this happens, a DNA test is conducted, and if the test proves that the husband is not the father, the divorce judgment can include this information, and that child’s paternity remains an open question. If this happens, once the divorce becomes final, the mother or the assumed true biological father can the file a paternity action to establish paternity of that child.

Simply, if a man knows that he has fathered a child, even if a DNA test is done, he has no standing under Michigan law to establish his paternity if the mother is married to someone else. Additionally, if the mother does divorce, but the divorce judgment indicates that all the children born during the marriage are children of the husband and wife, the biological father still lacks standing. The husband is presumed to be the father (despite DNA), and this issue cannot be challenged once the divorce is finalized.

Turning back to the case of Arnold Schwartzenegger and his housekeeper, it was noted by the press that Patty Baena was married at the time she conceived this “love child.” If that is the case, then Patty Baena’s husband was legally presumed to be the father. However, the press has also stated that she is now divorced. Perhaps the divorce judgment indicates that this “love child” is not a child of that marriage, leaving paternity open. Perhaps Patty Baena is now going to file either a paternity or child support action, seeking financial support for her child. It’s just a guess, but if you analyze the law surrounding paternity issues, it makes sense.

Read the LA Times story that broke the news here: Maria Shriver on Schwarzenegger's paternity admission: 'Painful and heartbreaking.'

Read the Radar Online story that broke the news about the housekeeper’s identity: WORLD EXCLUSIVE: Mother Of Arnold Schwarzenegger's Love Child Revealed!


If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.
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