Law Hinders Establishment of Paternity

Under Michigan law, when a child is born during a marriage, the man who is the husband at that time is named the baby's father. Under normal circumstances, this would not be a problem. However, for one man from New York, this law prohibits him from claiming paternity, even though he is the biological father.

In the case of Anthony Pecoraro, the New Yorker wants to obtain parental rights to his young daughter. Yet when his daughter was born in 2002, the mother, Gina Rostagno-Wallat, was married to someone else. Even though the case is an unusual one, the Michigan Supreme Court decided, in a split decision (3-3), that it would not hear the case. Since Justice Brian Zahrain heard the same case while on the appeals court, he excused himself from the most current hearing.

Do you want to establishpaternity of your child? If so, it is time to contact a Los Angeles family law attorney to learn more about your legal options.