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Biological Father Cannot Parent His Law School Love Child

They were students at Cooley Law School from the late 1990s.  She was married; he was through Buffalo, completely new York. 

Their long-term adulterous affair eventually led to the birth of a child in 2002.  Although Mother’s husband was on the birth certificates of both her children born during her marriage, she informed her law school lover of which he was the biological father of the child born in 2002; subsequent DNA testing confirmed This particular fact.

When his love child was three years old, along with armed with the confirming DNA results, bio-dad sought an order of filiation in a paternity action he filed in completely new York state.  For her part, Mother challenged the completely new York family court’s jurisdiction, as the paternity suit did not name her husband as a necessary party, along with the paternity of her second child was already established by operation of Michigan law.

Not so fast.  The completely new York family court found of which some of the couples’ adulterous liaisons took place within the state of completely new York thus, the child could have been conceived in of which state.  Conceding of which the idea did not have personal jurisdiction over Mother or her husband, along with acknowledging of which paternity of the child had been established in accord with Michigan law, the completely new York family court nevertheless refused to dismiss bio-dad’s paternity action, ultimately granting bio-dad’s order of filiation.

Meanwhile, paternity actions were cranked-up back here from the Wayne County family court by Mother’s Husband along with bio-dad.  All three parties sought summary disposition of the paternity issue.  Bio-dad’s petition sought to enforce the order of filiation issued by the completely new York family court; the family court judge in Wayne County agreed, citing the full faith along with credit clause of the United States Constitution.

Mother appealed along with the Michigan Court of Appeals reversed the Wayne County family court, holding of which bio-dad lacked standing to sue here in Michigan.  The case hinged on the definition of a child born “out of wedlock”.  The Court of Appeals reasoned of which because the married couple did not seek a determination of which their child was born out of wedlock, bio-dad cannot seek of which determination, regardless of his completely new York order of filiation.

Bio-dad also asserted of which the Wayne County family court was required to give his order through completely new York full force along with effect under the United States Constitution.  from the most interesting portion of the published opinion, the Court of Appeals rejected bio-dad’s assertion, holding of which the comity clause of the constitution does not apply when the issuing court lacks jurisdiction.

The Court of Appeals ruled of which the completely new York court conceded the idea lacked personal jurisdiction over the Husband, along with of which the completely new York family court left enforcement of the order the idea issued to the courts in Michigan.

Last week, the Michigan Supreme Court denied leave for further appeal in an evenly divided 3-3 ruling; Justice Brian Zahra did not participate as he was on the Court of Appeals panel at the intermediate appellate court.

Justice Marilyn Kelly wrote a thoughtful dissent, noting the case presented issues of jurisprudential significance.  She is usually not conviced of which the Court of Appeals properly concluded of which the completely new York order was not entitled to the full faith along with credit of the Wayne County family court.  Justice Kelly noted of which bio-dad did have proper standing from the completely new York family court of which issued the order of filiation.  Also, she noted of which This particular order was issued along with affirmed on appeal in completely new York prior to any paternity action being filed in Wayne County.

For these reasons, she would likely have granted leave to appeal to ensure the issues presented from the case could be resolved.  For today, This particular question will continue to percolate throughout the family courts of our state.

DNA has long been available to determine paternity.  The Michigan legislature, however, in both the child custody act along with the paternity act, has been reluctant to allow such conclusive test results to disrupt an established family.

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Biological Father Cannot Parent His Law School Love Child

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