Glaubius v. Glaubius

In this action involving the Revocation of Paternity Act, MCL 722.1431 etseq., plaintiff appeals as of right the trial court’s order denying her motion to revoke defendant’s paternity and determine that the minor child in question was born out of wedlock. Because defendant qualifies as a “presumed father” on the facts of this case and the parties’ divorce judgment does not preclude an action to overcome the presumption of legitimacy, we reverse and remand for further proceedings consistent with this opinion.

I. FACTS AND PROCEDURAL HISTORY

Plaintiff and defendant married on August 30, 2008.…