Order Michigan Supreme Court
Lansing, Michigan
September 24, 2014 Robert P. Young, Jr.,
Chief Justice
148927 & (46) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
MATTHEW HELTON, Bridget M. McCormack
Plaintiff-Appellant, David F. Viviano,
Justices
v SC: 148927
COA: 314857
Oakland CC Family Division:
2012-798218-DP
LISA MARIE BEAMAN and DOUGLAS
BEAMAN,
Defendants-Appellees.
_________________________________________/
By order of June 18, 2014, the appellees were requested to answer the application
for leave to appeal the February 4, 2014 judgment of the Court of Appeals. On order of
the Court, the answer having been received, the application for leave to appeal is again
considered, and it is GRANTED. The parties shall include among the issues to be
briefed: (1) whether the plaintiff’s affidavit challenging the defendants’ affidavit of
parentage was sufficient under MCL 722.1437(2), and specifically, whether the DNA
testing results were sufficient to support the allegation that the affidavit of parentage was
based on a mistake of fact; (2) whether “paternity determination” in MCL 722.1443(4)
includes an acknowledgment of parentage; (3) whether, assuming the sufficiency of the
plaintiff’s MCL 722.1437(2) affidavit, the circuit court is always required to consider the
best-interest factors of MCL 722.1443(4); (4) whether, if MCL 722.1443(4) does apply,
the plaintiff in a revocation of parentage acknowledgment case must bear the burden of
proving, by clear and convincing evidence, that revocation is in the best interests of the
subject child; and (5) alternatively, whether the equitable doctrine of laches applies here
in support of the circuit court’s decision to deny the plaintiff’s request for revocation of
the acknowledgment of parentage.
The Children’s Law and Family Law Sections of the State Bar of Michigan and
the University of Michigan Law School Child Welfare Appellate Clinic are invited to file
briefs amicus curiae. Other persons or groups interested in the determination of the
issues presented in this case may move the Court for permission to file briefs amicus
curiae.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
September 24, 2014
s0917
Clerk
Matthew Helton v. Lisa Marie Beaman
Combined Opinion