Archive for November, 2007

Shondel J.v.Mark D.

46opn06.pdf

He who acts like a father, is a father — if not biologically than at least legally — the Court of Appeals held in a 5-2 decision imposing “equitable paternity” on a man who wrongly assumed he had fathered a child and acted accordingly.

The father argued that the imposition of “equitable paternity” effectively saddled him with an involuntary adoption,the Court instead focused on the best interests of the child, citing the “potential damage to a child’s psyche caused by suddenly ending established parental support need only be stated to be appreciated. Cutting off that support, whether emotional or financial, may leave the child in a worse position than if that support had never been given.”The issue does not involve the equities between the two adults; the case turns exclusively on the best interests of the child,” Judge Rosenblatt wrote. “The Legislature did not create an exception for men who take on the role of fatherhood based on the mother’s misrepresentation … [T]he mother’s motivation and honesty are irrelevant…”

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Covert v. Covert

covert_v_covert.pdf

Michigan Order Allowing Duped Dad Reimbursement For $55,000 In Child Support Reversed

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BOONE v. BALLINGER

2006-ca-001257.pdf

Therein lies the irony: if a misled husband decides to “run” in order toavoid any parental support obligations, he would be prohibited from doing so by S.R.D.and would remain financially bound to the child, but should he desire to “stay” and

maintain a relationship with the child, Consalvi, literally applied, says that he cannot be the de facto custodian and is not entitled to custody or visitation

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Lohman v.Carnahan

4d07-237rhg.pdfThe general rule is “that a putative father has no right to seek to establish paternity of a child who was born into an intact marriage when the married woman and her husband object.”

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Brooks v. Brooks

brooks_v_brooks.pdf

Defendant appeals as of right the trial court’s judgment of divorce, wherein the trial court

ordered that he pay child support for a child later proven not to be his.

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