Michigan Laws 722.1439 – Motion to set aside determination
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Terms Used In Michigan Laws 722.1439
- Affiliated father: means a man who has been determined in a court to be the child's father. See Michigan Laws 722.1433
- Alleged father: means a man who by his actions could have fathered the child. See Michigan Laws 722.1433
- Order of filiation: means a judicial order establishing an affiliated father. See Michigan Laws 722.1433
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
(1) If a child has an affiliated father and paternity was determined based on the affiliated father’s failure to participate in the court proceedings, the mother, an alleged father, or the affiliated father may file a motion with the court that made the determination to set aside the determination.
(2) A motion under this section shall be filed within 3 years after the child’s birth or within 1 year after the date of the order of filiation, whichever is later. The requirement that an action be filed within 3 years after the child’s birth or within 1 year after the date of the order of filiation does not apply to an action filed on or before 1 year after the effective date of this act.
(3) If the court determines that a motion under this section should be denied and the order of filiation not be set aside, the court shall order the person who filed the motion to pay the reasonable attorney fees and costs incurred by any other party because of the motion.