Skip to main content
A Better Partnership
September 12, 2013

COA holds that only a child’s mother and presumed legal father may challenge the child’s legitimacy under the Paternity Act

In Sprenger v Bickle, the Michigan Court of Appeals held that a plaintiff, who claimed to be a child’s biological father, did not have standing to challenge the paternity of the child under the Paternity Act, MCL 722.711  et seq., because only the child’s mother (the defendant) and her current husband could declare that the child was born out of wedlock.   In this case, the defendant divorced her husband, became briefly engaged to the plaintiff, then broke off the engagement and remarried her former husband.  During their engagement, the plaintiff and defendant announced to family and friends that they were expecting a child.   Once the defendant remarried, the plaintiff brought an action to have himself declared as the child’s biological father and requested legal and physical custody, parenting time, and child support.  Despite the evidence presented by the plaintiff—including letters from friends and family and evidence of the husband’s vasectomy—the Court stated that the only way to rebut the presumption of legitimacy under the Paternity Act is by a mother and her husband declaring to the court that the child in question is not a product of their marriage.  Accordingly, the Court held that the plaintiff did not have standing to claim paternity and could not use discovery as a tool to develop his claim.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.



+ -