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The trial court properly dismissed the plaintiff's motion to establish paternity because he lacked standing to initiate the action under MCL 722.1441(3)(a)(i).

Plaintiff argued that the trial court erred in denying his motion because the parties previously acknowledged that he is the child's biological father. He also contended that the trial court erred in denying his request to order that the parties submit to a DNA test. Notably, he did not contest the trial court's factual finding under MCL 722.1441(3)(a), which was the sole basis of its denial of his motion. Thus, he arguably abandoned any challenge to the trial court's order denying his motion. Further, his claims lacked merit because he failed to recognize the governing statutory framework and, as a result, failed to recognize that the trial court properly decided whether he had standing to file the action before considering whether more DNA testing was necessary. As to these issues, plaintiff primarily relied on "MCL 722.716(1), which authorizes a trial court to order DNA testing," and MCL 722.716(5), which provides, "If the probability of paternity determined [through] . . . DNA identification profiling is 99% or higher, . . . paternity is established." His reliance on this statute was misplaced, as the Act was not implicated in this case. Rather, as the trial court correctly recognized, the applicable statutory framework was the RPA. Its factual finding under § 1441 was not clearly erroneous. On this record, the court found no error in the trial court's conclusion that plaintiff lacked standing to initiate the action under the RPA because he knew or should have known that defendant-Barbara was married to defendant-Kenneth at the time of conception. Affirmed. 

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