March 3, 2010, Introduced by Senators BASHAM, HUNTER and GLEASON and referred to the Committee on Families and Human Services.
A bill to amend 1956 PA 205, entitled
"The paternity act,"
by amending section 4 (MCL 722.714), as amended by 1998 PA 113, and
by adding section 7c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) An action under this act shall be brought in the
circuit
court by the mother, the father, a child who became 18
years
of age after August 15, 1984 and before June 2, 1986, or the
family
independence agency department
of human services as provided
in this act. The Michigan court rules for civil actions apply to
all proceedings under this act. A complaint shall be filed in the
county where the mother or child resides. If both the mother and
child reside outside of this state, then the complaint shall be
filed in the county where the putative father resides or is found.
The fact that the child was conceived or born outside of this state
is not a bar to entering a complaint against the putative father.
(2) An action to determine paternity shall not be brought
under this act if the child's father acknowledges paternity under
the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to
722.1013, or if the child's paternity is established under the law
of another state.
(3) An action under this act may be commenced during the
pregnancy of the child's mother or at any time before the child
reaches
18 years of age. For a child who became 18 years of age
after
August 15, 1984 and before June 2, 1986, an action under this
act
may be commenced before January
1, 1995. This subsection
applies
regardless of whether the cause of action accrued before
June 1, 1986 and regardless of whether the cause of action was
barred
under this subsection before June
1, 1986. A summons issued
under this section shall be in the form the court determines and
shall be served in the same manner as is provided by court rules
for the service of process in civil actions.
(4)
If the county family independence agency department of
human services of the county in which the mother or alleged father
resides first determines that she or he has physical possession of
the child and is eligible for public assistance or without means to
employ
an attorney; if the family independence agency department of
humans services is the complainant; or if the mother, alleged
father, or child is receiving services under part D of title IV of
the
social security act, 42 U.S.C. USC 651
to 667 669b, then the
prosecuting attorney or an attorney employed by the county under
section 1 of 1941 PA 15, MCL 49.71, shall initiate and conduct
proceedings under this act. The prosecuting attorney shall utilize
the child support formula developed under section 19 of the friend
of the court act, 1982 PA 294, MCL 552.519, as a guideline in
petitioning for child support. A complaint filed under this act
shall be verified by oath or affirmation.
(5)
The party filing the a complaint under
this act shall name
the person believed to be the father of the child and state in the
complaint the time and place, as near as possible, when and where
the
mother became pregnant. If the family independence agency
department of human services is the plaintiff, the required facts
shall be stated upon information and belief.
(6) Upon the filing of a complaint under this act, the court
shall
issue a summons against the named defendant. If Subject to
section 7c, if the defendant does not file and serve a responsive
pleading as required by the court rules, the court may enter a
default judgment. Neither party is required to testify before entry
of a default judgment in a proceeding under this act.
(7) If, after service of process, the parties fail to consent
to an order naming the man as the child's father as provided in
this
act within the time permitted for a responsive pleading, then
the
family independence agency department
of human services or its
designee may file and serve both the mother and the alleged father
with a notice requiring that the mother, alleged father, and child
appear for genetic paternity testing as provided in section 6.
(8) If the mother, alleged father, or child does not appear
for
genetic paternity testing as provided in subsection (7), then
the
family independence agency department
of human services or its
designee may apply to the court for an order compelling genetic
paternity tests as provided in section 6 or may seek other relief
as permitted by statute or court rule.
(9) It is unnecessary in any proceedings under this act
commenced by or against a minor to have a next friend or guardian
ad litem appointed for the minor unless required by the circuit
judge. A minor may prosecute or defend any proceedings in the same
manner and with the same effect as if he or she were of legal age.
(10) If a child born out of wedlock is being supported in
whole or in part by public assistance, including medical
assistance,
the family independence agency department
of human
services may file a complaint on behalf of the child in the circuit
court in the county in which the child resides. The mother or
alleged father of the child shall be made a party plaintiff and
notified
of the hearing on the complaint by summons. The A
complaint
made by the family independence agency under this
subsection
shall be verified by the director of
the family
independence
agency department of human
services, or his or her
designated
representative, or by the director of the county family
independence
agency department of human
services of the county in
which
an the action is brought, or the county director's
designated
representative.
(11) 1986 PA 107, which added this subsection, does not affect
the rights of an indigent defendant in proceedings under this act
as established by decisions of the courts of this state before June
1, 1986.
(12) If a determination of paternity is made under this act,
the court may enter an order of filiation as provided in section 7.
Regardless of who commences an action under this act, an order of
filiation entered under this act has the same effect, is subject to
the same provisions, and is enforced in the same manner as an order
of filiation entered on complaint of the mother or father.
Sec. 7c. (1) If the action under this act is brought by a
putative father against the mother, if the child who is the subject
of the action under this act is also the subject of proceedings
under the Michigan adoption code, or if the proceedings are stayed
under section 25 of the Michigan adoption code, MCL 710.25, and if
a default is entered in the action under this act against the
mother for failing to file and serve a responsive pleading as
required by the court rules, on motion of the plaintiff, the court
in the action under this act or the court presiding over the
adoption proceeding shall enter an order of filiation under this
act declaring the plaintiff to be the father of the child. The
court in the action under this act or the court presiding over the
adoption proceedings shall not enter an order of filiation under
this subsection if the other court has already entered the order.
(2) After entry of an order of filiation under subsection (1),
if the plaintiff requests custody of the child and the mother does
not move to set aside the default and order of filiation, the court
that entered the order shall award custody to the plaintiff under
section 7b unless the court determines that the award of custody
would present a reasonable likelihood of harm to the child.
(3) After entry of an order of filiation under subsection (1),
if the plaintiff requests custody of the child and the mother moves
to set aside the default and order of filiation, the court in the
action under this act shall make a determination of custody and
parenting time under section 7b as for an action in which there is
a custody or parenting time dispute.
(4) As used in this section, "the Michigan adoption code"
means chapter X of the probate code of 1939, 1939 PA 288, MCL
710.21 to 710.70.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 1200.
(b) Senate Bill No. 1202.