On Wednesday, December 16, 2009, the Michigan Supreme Court granted leave to appeal in Foster v. Wolkowitz, Case No. 139872. On appeal, the Court ordered the parties to address (1) whether the Court of Appeals erred in relying on the Michigan Acknowledgment of Parentage Act ('MAPA), MCL 722.1001, et seq., rather than the Uniform Child Custody Jurisdiction and Enforcement Act ('UCCJEA'), MCL 722.1101, et seq., to determine that the Monroe Circuit Court had jurisdiction over this child custody dispute; (2) whether, if the Court of Appeals correctly relied on the MAPA, the statute violates the Equal Protection Clauses of the Michigan and United States Constitutions by creating a suspect class of unmarried fathers who are treated differently than married fathers; and (3) if Illinois is the "home state" of the child under the UCCJEA and therefore properly has jurisdiction over this dispute, whether Michigan is nonetheless a more convenient forum for resolution of this case.
Justice Corrigan concurred in the order granting leave to appeal. She noted that because the parties executed an affidavit of parentage, under MAPA the affidavit served as the basis for court ordered child support, among other things. In this matter, the issue of child support was referred to the Monroe County Friend of the Court for a review and recommendation. However, the defendant father refused to provide the necessary documentation evidencing his income. As a result, the Friend of the Court imputed the defendant income for purposes of calculating his child support obligation. On appeal, Justice Corrigan asked the parties to address (1) whether and how the child-support matter affects the jurisdiction in this case, and (2) whether Michigan's jurisdiction over the issue of child support is coextensive with its jurisdiction over custody.
The State Bar of Michigan Family Law Section was invited to file a brief amicus curiae in this matter and the Court invited other interested amici to file motions seeking permission to file a brief no later than March 3, 2010. A copy of the Court's order can be found here.