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Sinicropi v. Mazurek

Court of Appeals of Michigan
729 N.W.2d 256 (2006)


Facts

Powers believed that he was the father of Mazurek’s (defendant) child, and thus Powers signed a voluntary acknowledgment of paternity. As a result, Powers was legally recognized as the child’s natural father and legal parent. Powers and Mazurek later agreed to exercise joint custody, and the court entered a consent order recognizing the joint custody. Five years later, a DNA test confirmed that another man, Sinicropi (plaintiff), was the child’s biological father. In the meantime, Powers filed a custody action. Mazurek, the child’s mother, filed multiple petitions to have Powers’s custody action dismissed and his acknowledgment of parentage revoked in light of the determination that Sinicropi was the child’s biological father. The trial court denied Mazurek’s petitions and found that Powers was the legal parent and had standing to pursue custody. Simultaneously, the court entered an order of filiation, recognizing Sinicropi as the child’s legal father. Mazurek, Powers, and Sinicropi all appealed the decision.

Rule of Law

Issue

Holding and Reasoning (Murphy, J.)

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