Kalin v Fleming, ___ Mich App ___ (Michigan Court of Appeal Docket No. 336724, Decided November 21, 2017) (For Publication),
Nov 21, 2017OUTCOME: The Court of Appeal rejected the mother's argument that she was entitled to a revocation of the Affidavit of Parentage.
The parties signed the AOP the day after the child's birth. Fleming later admitted that she did not tell Kalin that there was a possibility that he was not the father. More than three years after the c ... hild's birth, these folks split up. Fleming (the mother) refused to allow Kalin (the father) to see the child. She texted Kalin and told him that he wasn't the father. He then filed an action in Family Court seeking custody, parenting time and child support. The Revocation of Paternity Act, MCL 722.1443 requires that the party seeking to revoke the AOP must file the action within 3 years after the child's birth or within 1 year after the date that the acknowledgment of paternity was signed, whichever is later. The trial court may grant an extension of the three-year deadline only if one of the following defenses is alleged and proven: See MCL 722.1443(12)
