Legal Question in Family Law in Michigan
This is some case, I can't find anything
Boy do I have a case for you:
Ms R has a baby, while unmarried, there is a paternity action and Mr. S is named father support is set up with no visitation rights as Ms R is living with another man. Ms R then marries Mr T and they together claim the child as their own and raise him as their son. They then get a divorce. And claim the child as a child born to their marriage, support visitation and joint legal custody are set by that court. Ms R and Mr T fight through the courts for yesr (8 of them) Now the issue of standing is being brought up. One side feels the courts must void that part of the divorce (as they never should have had juristiction) the other feels the courts should keep juristiction and just continue on. Any ideas? I have been unable to find any case laws in the State of Michigan or anywhere for that matter. I have not found a case like this at all?
2 Answers from Attorneys
Re: This is some case, I can't find anything
Did the husband who treated the child as his own know that paternity had been established judicially? That another man was already adjudicated the parent of the child? I need more information. For my thoughts, please contact my office at (248)851-3171.
Re: This is some case, I can't find anything
My somewhat educated guess is that the paternity of the child is irrelevant. If both people raised the child as their own and the child looked to them as parents, then they are the parents. There is case law to this effect that arose when a father who raised a child as his own later found that he was not the biological father and attempted to avoid paying child support. He had to pay child support. Therefore, this is a relatively easy case. William S. Stern 248-353-9400
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