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.
Appellate Courts to Review Constitutionality of SORA as Applied to Juveniles?? Only Time Will Tell....
In a September 30, 2009 opinion, Washtenaw County Family Court Judge, Hon. Darlene O'Brien, called into question the constitutionality of SORA's application in juvenile cases.
Court of Appeals Halts Downward Departure
In People v McNeil, the Court of Appeals found that the trial court had abused its discretion by granting the defendant a downward departure from the sentencing guidelines for reasons that were not substantially compelling.