Presumed Father is a Necessary Party to a Revocation of Paternity Act Claim
In Graham v Foster, ___ Mich App __; __ NW2d __ (2015), the Court of Appeals held that a presumed father, ie, a mother's husband at the time of conception or birth of a child, is a necessary party to a Revocation of Paternity Act claim. The Court of Appeals affirmed the trial court's denial of summary disposition where an “alleged father” under MCL 722.1433(c), ie, “a man who by his actions could have fathered the child,” filed a complaint under the Revocation of Paternity Act seeking an order determining his paternity, an order of filiation, and joint custody with reasonable parenting time. Slip op at 1-2. The alleged father only named the mother as a defendant in the complaint. Slip op at 2. The mother filed a motion for summary disposition claiming that the alleged father could not satisfy the necessary factual requirements under MCL 722.1441(3)(a) and that the case should also be dismissed for failure to join a necessary party: the “presumed father.” Slip op at 2. She also argued that the statute of limitations had run, so the alleged father could no longer join the presumed father as a defendant. Slip op at 2.
The alleged father argued that the presumed father was not a necessary party, and if he was a necessary party, requested the trial court allow him to amend his complaint to add the presumed father as a defendant. Slip op at 2. The trial court denied the mother's motion, concluding that genuine issues of material fact existed regarding whether the factual requirements were met and that the husband was not a necessary party to the litigation. Slip op at 2-3. The mother appealed the trial court's decision that the presumed father was not a necessary party. Slip op at 3.
