McFetridge v. Chiado

Plaintiff commenced the present paternity action over ten years after the birth of her child. Defendant moved for accelerated judgment based upon the six-year limitation period contained within the paternity statute. MCL 722.714(b); MSA 25.494(b). Plaintiff countered by arguing that the limitation period violates the Equal Protection Clauses of the United States Constitution, US Const, Am XIV, and the Michigan Constitution, Const 1963, art 1, § 2. The trial court agreed that the statute precluded plaintiffs paternity claim but ruled nonetheless that a declaratory judgment action could be…