Now Accepting New Clients!

FAMILY LAW 8: Complaint for paternity, alleging that she was begotten with child by defendant.

Plaintiff conceived a minor child, CF, while she was married to her now-deceased husband. Her husband died three months after CF was born in September 2002. On April 11, 2006, plaintiff filed a complaint for paternity, alleging that she was begotten with child by defendant on or about January 2002. Plaintiff did not allege that CF was “born out of wedlock.” Plaintiff alleged that she gave birth to CF on September 10, 2002 and that defendant was the child’s biological father. Defendant denied that he was the child’s biological father, and no genetic blood testing was ever conducted.

The lower court conducted a trial on October 16, 2006 and thereafter entered an order of filiation declaring defendant to be the father of the child. Over the course of several years after entry of the order of filiation, defendant was delinquent in paying child support, resulting in the issuance of numerous orders to show cause and bench warrants for defendant’s arrest.

In 2010 and 2011, defendant filed motions in the lower court, arguing that the order of filiation should be set aside and the resulting child support obligation should be canceled because he learned that plaintiff had been collecting Social Security survivor’s benefits for the child, as the child of her deceased husband to whom plaintiff was legally married on the date when she conceived the child.

On December 10, 2015, the FOC referee conducted a review of the relevant facts and recommended that the order of filiation be set aside and that the case be dismissed for lack of subject-matter jurisdiction. The referee explained as follows: Michigan law is clear that a minor child cannot have two legal fathers. Pursuant to the action filed by the Plaintiff, the Paternity Act . . . provides this Court with subject matter jurisdiction to determine the parentage of a child, ONLY if a child is “born out of wedlock”. Since Plaintiff/Mother was married when the minor child was conceived, the child was not born “out of wedlock”.

Plaintiff objected to the referee’s recommendation, and after a de novo review of the issues, the circuit court issued an order setting aside the order of filiation and dismissing the paternity complaint for lack of subject-matter jurisdiction because plaintiff was married to a man other than defendant at the time the child was conceived and her deceased husband had not been excluded as the child’s legal father.

Do Not Try to Solve a Paternity Dispute Alone

Our family law attorneys at Aldrich Legal Services have helped countless family law clients across southeast Michigan, including in Wayne, Washtenaw and Oakland counties.

If you and your child's other parent are not married and cannot agree on the terms of your custody and visitation arrangements, you will need strong representation to preserve your right to remain involved in your child's life.

Contact Aldrich Legal Services

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

The benefits of home health care providers

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

What to know about bail conditions

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000