The Michigan Court of Appeal has released a new published opinion in a case involving the Revocation of Paternity Act. Unmarried parents should take note of this case because it shows how a court will handle a case involving custody and parenting time of a child after the parents have both signed an Affidavit of Parentage and they later split--more than three years after the birth. In Kalin v Fleming, ___ Mich App ___ (Michigan Court of Appeal Docket No. 336724, Decided November 21, 2017) (For Publication), the Court of Appeal rejected the mother's argument that she was entitled to a revocation of the Affidavit of Parentage ("AOP").
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 child'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.