IOSCO COUNTY SAYS MAN IS DAD EVEN WHEN DNA SAYS HE IS NOT?

CELEBRITY ISSUE SPOTTING AND A LITTLE “SEO”


***** Comments by Flint Divorce Attorney Terry R. Bankert *****

NO PRE NUP

TMZ reports that Larry King, who filed for divorce this week from his seventh wife, didn’t have a prenup agreement with Shawn King.[1]

FAULT

The two have been married for 13 years and have two young sons. Rumors are flying that Shawn, who is also suing for divorce, is ticked off because she thinks Larry had an affair with her sister.[1]

IRRECONCILABLE DIFFERENCES

In court they’ll call that irreconcilable difference.[1]

PROPERTY DISTRIBUTION

TMZ estimates Larry’s net worth at $144 million and says his current contract with CNN is worth $56 million over four years.[1]

California law entitles Shawn to a 50/50 split of all earnings accumulated during the marriage.[1]

FIRING DIVORCE LAWYER

Golfer Tiger Woods' wife Elin Nordegren has reportedly hired a new divorce lawyer. [2]

RECONCILIATION

Insiders are quoted as saying the former model , Elin Nordegren, is angry that Tiger returned to golf so soon after his cheating scandal and she snubbed the Masters. [3]

ENFORCEMENT OF COURT ORDERS

Rapper Nas can't wait to put his messy divorce from R&B singer Kelis firmly behind him so he can focus on his work and fatherhood……Nas was hauled into court on Monday, when a Los Angeles judge ordered him to hand over more than $290,000 in late child and spousal support payments, in addition to covering Kelis' legal and accounting bills.[4]
*****

THE BABY IS NOT MINE!

Flint Divorce Lawyer Terry Bankert comments on several Michigan Divorce Issues:

-Motion to revoke an acknowledgment of parentage; Sinicropi v. Mazurek (After Remand); MCL 722.1003; Bay County Prosecutor v. Nugent; MCL 722.1011(1); MCL 722.1011(2)(a); MCL 722.1011(3);

-Whether the equities supported revocation of the acknowledgment of parentage; Laches; Tray v. Whitney



See Generally Court: Michigan Court of Appeals (Unpublished),April 13, 2010, v No. 294998 ,Iosco Circuit Court Family Division, , LC No. 09-004751-DS,e-Journal Number: 45518.



The Iosco Circuit trial court got it wrong when the Judge denied the man’s motion to revoke his acknowledgment of parentage.

WHO DID THIS HAPPEN?

In 2003, plaintiff gave birth to a son (C). At the time, MOTHER plaintiff was living with male defendant. Believing C to be his biological son, the man and the mother executed an acknowledgment of parentage.

WOMEN SOMETIMES ARE CONFUSED ABOUT WHO THE FATHE IS

In September 2004, when the relationship between MOTHER and THE MALE defendant began to sour, defendant obtained a DNA test confirming he was not C's biological father.

AFTER SIGNING THE DOCUMENT SAYING HE WA THE FATHER HE THEN GOT A DNA TEST!

In spite of this, defendant remained with plaintiff and C. Approximately one year later, defendant broke off his relationship with plaintiff, moving out of the home.

HE STAYED WITH THE CHILD 1 YEAR, MOM WANTS CHILD SUPPORT HE WANTS OUT.

In January 2009, plaintiff sought child support.

THE DNA DOES NOT LIE

Relying on the DNA test results, male moved, pursuant to MCL 722.1011, to revoke the acknowledgment of parentage.

THERE IS A STATE LAW ALLOWING MEN TO INVALIDATE THE AFFIDAVIDIT OF PARENTAGE

There was no disagreement the acknowledgment of parentage was valid, the man’s motion for revocation was proper, the man sufficiently supported his motion by showing mistake of fact (one of the five enumerated grounds), and he proved by clear and convincing evidence C was not his biological son.

AFTER HE KNEW DID THE MAN STAY WITH THE CHILD TOO LONG? WWAS IT FAIR TO THE CHILD

The man and mother disputed, however, whether the equities supported revocation of the acknowledgment of parentage.

IOSCO HELD THE MANS TOES TO THE FIRE

The Iosco Family Court based its bad decision on the judges opinion the equitable doctrine of laches, applies because of the man’s delay in attempting to revoke his acknowledgment of parentage this made revocation unfair.

MOM HAD TIME TO FIND THE BIOLOGICAL FATHER

The Iosco court's conclusion the man’s actions prevented mom from looking for C's biological father made little sense under the facts.

MOM COULD HAVE SOUGHT SUPPORT FROM THE REAL DAD

Just as defendant had known for four and a half years he was not C's biological father, so had the mother plaintiff. She was not prevented from seeking out the biological father, and she was not prevented from seeking support from defendant. It was unfortunate neither parent acted earlier.

THE IOSCO COURT SAID IT WAS OKAY FOR THE MAN TO LET THE CHILD THINK DADDY WAS NEAR!

However, the Iosco court held the man’s delay in attempting to revoke his acknowledgment of parentage was not unreasonable under the circumstances.

THE RELATIONSHIP HAD BEEN BROKEN OFF,

The man had no relationship with C for about three years prior to the initiation of the litigation, and mom acquiesced to the status quo for the same time period.



There was no reason to believe the mother relied on the acknowledgment of parentage during the time. Under these circumstances, revocation was the okay.. The Iosco trial court's denial of the motion to revoke acknowledgment of parentage was found to be wrong.



Because the Iosco court's judgment of filiation, and award of child support, was founded on the acknowledgment of parentage, the judgment was destroyed, and the case was sent back to Iosco County to get it right.

-
THE COURT OF APPEALS RULED :In equitable matters, we review a trial court’s factual findings for clear error, but “whether equitable relief is proper under those facts is a question of law that an appellate court reviews de novo.” Sinicropi v Mazurek (After Remand), 279 Mich App 455, 462; 760 NW2d

520 (2008).





THE COURT OF APPEALS RULED :When an unmarried woman gives birth to a child, that woman may join with a man in

completing an acknowledgment of parentage form, and if they do so, that man is considered the

natural father of the child, MCL 722.1003, and becomes a “legal parent” of the child, Bay Co

Prosecutor v Nugent, 276 Mich App 183, 188; 740 NW2d 678 (2007).



THE COURT OF APPEALS RULED :The man who signs an

acknowledgment of parentage may later file a claim to revoke the acknowledgment. MCL

722.1011(1). Such a claim may be made as a motion in an existing action for child support. Id.





THE COURT OF APPEALS RULED :The claim must be accompanied by an affidavit setting out facts supporting at least one of five

enumerated grounds for revocation, one of which is mistake of fact. MCL 722.1011(2)(a). If the

court finds the affidavit sufficient, the claimant has the burden of proving by clear and

convincing evidence (1) that the child is not his, and (2) “that, considering the equities of the

case, revocation of the acknowledgment is proper.” MCL 722.1011(3).

THE COURT OF APPEALS RULED :

Laches requires more than a

showing of a passage of time; “there must also have been a change of conditions which would

render it inequitable to enforce the claim, or a showing that the defendant was prejudiced by the

delay.” Tray v Whitney, 35 Mich App 529, 535; 192 NW2d 628 (1971).



THE COURT OF APPEALS RULED :It is truly unfortunate that neither parent acted earlier. Nonetheless, we conclude that defendant’s delay in attempting to revoke his acknowledgment of parentage was not

unreasonable under the circumstances. Defendant had no relationship with Colton for about

three years prior to the initiation of this litigation, and plaintiff acquiesced to that state of affairs

for the same time period. There is no reason to believe that plaintiff relied on the

acknowledgment of parentage during that time. Under these circumstances, revocation was the

proper result. Accordingly, we reverse.



Posted Here by

Terry R. Bankert

http://www.attorneybankert.com/


To find your county court house see,

http://www.dumpmyspouse.com/




Sources

[1]

http://www.kansascity.com/2010/04/16/1882240/stargazing-larry-vs-shawn-king.html


[2]

http://sify.com/news/tiger-woods-wife-switches-divorce-lawyer-news-international-keqtkfhcdga.html


[3]

http://www.timeslive.co.za/entertainment/article406695.ece/Imminent-divorce-for-Tiger-Woods


[4]

http://www.sfgate.com/cgi-bin/blogs/dailydish/detail?entry_id=61369