Revocation Of Parentage Case Remanded To Trial Court For Evidentiary Hearings To Make Appropriate Fact Findings
When a mother seeks to revoke an acknowledgment of parentage based on MCL 722.1445 – due to the child having been conceived by nonconsensual sexual penetration – the three-year limitation period contained in MCL 722.1437 does not apply, nor does the best interest analysis under MCL 722.1443(4) or (13). The case is remanded to the trial court to hold an evidentiary hearing so that it can make the appropriate fact findings under MCL 722.1445 by clear and convincing evidence.
The COA Issues Perplexing Published Decision in Revocation of Paternity Act Case
Basically, the majority says that there is not best interests analysis when there is a revocation of an acknowledgement of paternity, relying on Moiles.