In re KH, KL, KL, and KJ, Minors, 469 Mich. 621

Summary

The Michigan Supreme Court held that a biological father may not participate in a child protective proceeding or seek a paternity determination when the children have a legal father and the presumption of legitimacy has not been rebutted. The court concluded that the Family Independence Agency improperly named multiple men as respondents in the termination petition. It remanded for a determination whether the mother or legal father rebutted the presumption of legitimacy by clear and convincing evidence.

Holdings

1. Michigan's court rules do not permit an alleged biological father to participate as a putative father in a child protective proceeding when the child already has a legal father under the rules.
2. A biological father may not obtain a paternity determination in the midst of a child protective proceeding when the child has a legal father and there has been no prior determination that the child was born out of wedlock or was not the issue of the marriage.
3. The presumption that children conceived or born during a marriage are the issue of that marriage may be rebutted by clear and convincing evidence from the mother or legal father, and the case must be remanded for the trial court to make that determination.

Questions Presented

1. Whether an alleged biological father may participate in a child protective proceeding or seek a paternity determination when the children have a legal father under Michigan's juvenile court rules.
2. Whether a biological father may establish paternity in the child protective proceeding without a prior judicial determination that the children were born out of wedlock or were not the issue of the marriage.
3. Whether the record required remand for the trial court to determine whether the mother or legal father rebutted the presumption of legitimacy by clear and convincing evidence.

Disposition

remanded