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

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