Obtaining a Michigan Birth Record

[jeff2006]

What is the name of your state? Ohio, the question is in regards to Michigan Law though.

I need help from somebody that knows Michigan Law. Long story short, I live in Ohio, my son was born in Michigan. My name is not listed as the father on his birth record. His mother was married at the time of his birth, her husband is listed as the father. I was granted custody of my son by Ohio Court (he had lived with me for over a year prior to filing the complaint for custody). I am trying to get a copy of the birth record from Michigan. Michigan State Law states that the birth record can only be released to the person named on the record, the parents named on the record, a legal guardian for the person named on the record, a legal representative for the person named on the record, or an heir to the person named on the record. I was granted custody which, at least in Ohio, is considered a step above guardianship (Guardianship is a temporary power granted over children and incapable adults, Custody is a permanent power granted over children). Michigan will not accept custody, they say I must have guardianship to get the birth record. I’m not trying to change the fathers name or anything at this point. I just need an official copy of his birth record to enroll him in school. I forgot to mention, the mother is nowhere to be found, and I have no idea who her husband is. They have been separated for over 10 years. My questions are this:

Does anybody know a way around Michigan Law to get a copy of the birth record?
Does Michigan law state age restrictions on a child restricting his birth record. I know it sounds stupid, but my son is 4. Would Michigan State Law prohibit him from requesting a copy of his own birth record?
How would we get him a legal representative to request the record?

Any help would be appreciated.

 

[nextwife]

Was there ever a court order for support? If tthere WAS, later, a CO, then at some point there is a document that establishes paternity legally as you. Perhaps the CO could be used to obtain the birth record?

 

[jeff2006]

No, there was never a support order. Even though we established paternity through DNA, Michigan wont even accept that without a court order. In the eyes of MIchigan, I am a "stranger to the child", even though I have legal custody of him.

 

[rmet4nzkx]

Have you tried petitioning the probate court to make you the legal guardian or to communicate with the court in MI to release the BC?

 

[nicetryadmin]

What is the name of your state? Ohio, the question is in regards to Michigan Law though.

I need help from somebody that knows Michigan Law. Long story short, I live in Ohio, my son was born in Michigan. My name is not listed as the father on his birth record. His mother was married at the time of his birth, her husband is listed as the father. I was granted custody of my son by Ohio Court (he had lived with me for over a year prior to filing the complaint for custody). I am trying to get a copy of the birth record from Michigan. Michigan State Law states that the birth record can only be released to the person named on the record, the parents named on the record, a legal guardian for the person named on the record, a legal representative for the person named on the record, or an heir to the person named on the record. I was granted custody which, at least in Ohio, is considered a step above guardianship (Guardianship is a temporary power granted over children and incapable adults, Custody is a permanent power granted over children). Michigan will not accept custody, they say I must have guardianship to get the birth record. I’m not trying to change the fathers name or anything at this point. I just need an official copy of his birth record to enroll him in school. I forgot to mention, the mother is nowhere to be found, and I have no idea who her husband is. They have been separated for over 10 years. My questions are this:

Does anybody know a way around Michigan Law to get a copy of the birth record?
Does Michigan law state age restrictions on a child restricting his birth record. I know it sounds stupid, but my son is 4. Would Michigan State Law prohibit him from requesting a copy of his own birth record?
How would we get him a legal representative to request the record?

Any help would be appreciated.

Huh? I am confused. Maybe it's early or I am misreading it or both.

If the child was born within a marriage, then the father is presumed to be the husband. So, how were you awarded custody by a Court without providing proof of legal paternity establishment??

You REALLY need to consult a lawyer on this. This sounds waaaayyy too involved for anyone to really be able to properly assist you (nothing against those who are lawyers on here...but this is too complex to be solved on a message board). You really need to speak to a lawyer. I know Ohio takes pride in f-ing everything up, but still...there are a few things that just don't sound right.

 

[acmb05]

Huh? I am confused. Maybe it's early or I am misreading it or both.

If the child was born within a marriage, then the father is presumed to be the husband. So, how were you awarded custody by a Court without providing proof of legal paternity establishment??

You REALLY need to consult a lawyer on this. This sounds waaaayyy too involved for anyone to really be able to properly assist you (nothing against those who are lawyers on here...but this is too complex to be solved on a message board). You really need to speak to a lawyer. I know Ohio takes pride in f-ing everything up, but still...there are a few things that just don't sound right.

He said paternity was esablished thru DNA. If he were awarded custody of the child you should be able to take those court papers to the records department in the county the child was born in and get a copy of the birth certificate.

You should petition the court to have the husbands named taken off of it and yours put on.

 

[nicetryadmin]

He said paternity was esablished thru DNA. If he were awarded custody of the child you should be able to take those court papers to the records department in the county the child was born in and get a copy of the birth certificate.

You should petition the court to have the husbands named taken off of it and yours put on.

I saw the DNA comment in another response, but still -- I guess the question bares asking if this was a legally-ordered DNA test that a court would acknowledge? If so, then all of this *should* be moot. If there was a legal DNA test done and proved him to be the legal father, then the birth record should've been changed already. At least that what one would think...

 

[Ohiogal]

He needs to petition the court for a court order granting him the legal right to receive a copy of the birth certificate. In the alternative he could also petition the court to order the amending of the birth certificate of the child to show him as the legal father.

 

[jeff2006]

I have spoken with several people in Michigan in regards to releasing the birth record. In the city where he was born (where they have a vital records department), the county where he born (where they have a vital records department), and the state of Michigan itself (where they have a vital records department). Since I already have custody, I cant get guardianship without relinquishing custody. For obvious reasons, I dont want to do this, guardianship is revocable at any time by the mother. I have never personally seen the birth record, and honestly did not know about the husbands name being listed as the father until my first contact with the City Vital Records Division.