Imagine the following scenario. Your client, Michael, approaches you distraught with news that he may be the father of a little girl named Victoria. Michael recently ran into his former lover, Carole, and her family, whom she introduced as her husband, Gerald, and “their” young daughter, Victoria. Victoria’s age and appearance left Michael convinced that she was his daughter and not Gerald’s. Michael wants to know: does he have any recourse?
You may initially think, “Michael, you’re out of luck.” (Remember
Michael H v Gerald D, 491 US 110 (1989)?) As of June 12, 2012, however, alleged biological fathers may have a new road to paternity via the Revocation of Paternity Act, MCL 722.1431 et seq. The Act provides certain alleged fathers with standing to challenge a presumed father’s paternity.
To help you navigate the thorny requirements of bringing an action like Michael’s, ICLE contributor John Mills updated
his chapter on paternity in Michigan Family Law with analysis of the new Act. You can quickly view a summary of these updates by clicking on the “What’s New” hyperlink at the beginning of the chapter.
As John points out, the Act isn’t just for putative biological fathers. Under certain circumstances, the Act allows the child’s mother, legal or acknowledged father, a prosecuting attorney, or the Department of Human Services, to bring an action to set aside acknowledgments, determinations, and judgments relating to paternity. So if you’re handling any case related to children right now, it’s worth your time to consult John’s chapter and see if the new Act affects your client.
And what of our client, Michael? Can he challenge Gerald’s presumed paternity of Victoria? After reviewing Section 21.36 of John’s chapter, it’s clear we need more information. For example, was Carole married to Gerald when Victoria was conceived? Is she really married to him now? Assuming she is married now but wasn’t when Victoria was conceived, Michael may have standing to bring an action to determine that Victoria “was born out of wedlock.” Michael’s standing also depends on Victoria’s age and the time he files the action. If Michael passes the standing hurdles, and provides evidence (including blood or tissue tests) that he is Victoria’s father, then a court may determine paternity in his favor.