There's No Place Like "Home State!" MSC to Decide UCCJEA Case | Speaker Law
phone icon email icon
(517) 482-8933

Speaker Law
Blog

There's No Place Like "Home State!" MSC to Decide UCCJEA Case

Posted on Monday, May 14, 2018

The Michigan Supreme Court granted leave in Foster v Wolkowitz. The Court will address: (1) whether the Court of Appeals erred in relying on the Michigan Acknowledgement of Parentage Act (MAPA) rather than the UCCJEA to determine that Michigan should exercise subject-matter jurisdiction in this interstate custody dispute; (2) if the COA correctly relied on the MAPA to establish subject-matter jurisdiction in Michigan, whether the statute violates the Equal Protection Clauses of the state and federal constitutions by creating a suspect classification of unmarried fathers who are treated differently than married fathers; and (3) if jurisdiction properly lies in Illinois, as the child's "home state" under the UCCJEA, whether Michigan is the more convenient forum for resolution of the case.

 

Justice Corrigan commented separately, asking parties to address how child support issues relate to or affect jurisdiction over custody. Although there are likely to be many different answers to these questions, one thing is clear: any clarification on frequently encountered jurisdictional dilemmas arising where provisions of other statutes conflict with the UCCJEA is both long-awaited and helpful! 

Do you have an appeal?
Let's find out!

Recent
Posts

U.S. Supreme Court: Title VII Protects Gay, Transgender Employees
Jun 24, 2020
An employer who fires an employee for being gay or transgender viol...
DHHS Petition For Custody Over Children Was Properly Denied
Jun 17, 2020
A trial court applied the correct legal standard when denying the D...
Motion To Designate Child’s School Improperly Treated As Custody Motion
Jun 10, 2020
A trial court erroneously treated a father’s motion to designate a ...
Interest In Well-Being Of Adult Child ‘Sufficient’ To Not Void Mom’s Auto Policy
Jun 3, 2020
An automobile liability policy should not be voided on public polic...

Tags

 

Subscribe to our blog

* indicates required