Defendant Attempting to Overturn Plaintiff's Dismissal

[toxicsky]

My question involves paternity law for the State of: MICHIGAN



Backstory: I was the plaintiff in a case for parentage/filiation. I dismissed the case on June 23rd because the defendant (biological father) made it clear that my daughter's best interests were not his priority - but rather his status as "father", if that makes sense. We live in Ohio, and he lives 4 hours awayin Michigan. Basically, he doesn't care if he causes her emotional harm by attempting to rip her from a happy and loving home with a full parental unit and a brother and sister, because he feels that because she is biologically his, he should have custody of her. He has obtained a DNA test so we know that he IS the biological father, but he has no rights to her at this time. My husband is her legal father (and WANTS to stay that way).

As of July 14th, the defendant has hired a lawyer who has filed the following paperwork. I received it in the mail today (it was NOT sent registered/certified mail, so I have not been officially "served").

I don't know if this is just a motion, or if the judge has approved it or not. I knew this paperworks wa supposed to be arriving in the mail, so I checked yesterday (7/17), and I was NOT on any dockets at all. I spoke with the judge's secretary and she checked for me.

So basically, the defendant is attempting to overturn my dismissal? Can he really do this? I do NOT want him to have parental rights/visitation/custody/etc. I don't want him having visitation and I don't need his child support. I want him OUT. My daughter is 2 and refuses to talk to him on the phone unless I bribe her, and he says I'm doing it on purpose. I'm NOT. I have not told her anything that is going on, because a)she's a baby and b)I don't play mind games with kids, unlike him.

When he does get to talk to her on the phone, he tells her to stop calling my husband Daddy and stuff like that. She still does, though. She has called him daddy since she started talking - my husband has been in the picture since she was born.

I am attaching the paperwork I received in the mail (I have removed all identifying personal info). It is missing one of the pages, and there are mistakes on the first page, and there are blatant lies in there as well. This whole thing is a bunch of crap.

Because I am four hours from the county where this is taking place, I am attempting to retain a lawyer over the phone. However it's the weekend, so I don't expect to get any calls back until Monday.










If you need more background, here is a thread explaining previous dealings in this matter:
http://www.expertlaw.com/forums/showthread.php?t=53559

[toxicsky]

somebody, anybody?

[mmmagique]

Is this in the same court you filed originally? If so, why did you file in the wrong court?

I can't say for sure, but I *think* they may only have 14 days to file for a reinstatement of the case, under mcr 2.612 and mcr 2.625.

Are there police reports of domestic violence? If so, you want to be very careful what you testify to.

How did the putative father make it clear that your child's best interests were not his priority? Besides the obligation to child support, he also has rights, even if you choose not to pursue child support.

You are going to have this person in your life for a long time; it would be in your own (and your child's) best interest to try to work something out between you. Otherwise the courts will.

Good luck!

~Christina

[toxicsky]

We have always dealt with the courts in Genesee County, because that's the county where she was born and where we resided until moving to Ohio. I don't know WHY that paperwork says Wayne County -- we've NEVER lived there, or had any business in that county. I think that was a faux pas on his lawyer's part. That's why I'm wondering if something like that would invalidate the paperwork on a technicality. Does it?

There are no reports of domestic violence. I don't know why he keeps saying that. Well, I do know why -- he has a serious problem with lying. About everything in his life, not just this case. There is ONE police report where we called and had my husband removed from the property for being noisy after midnight one night. He was standing outside and yelling up at our apartment to get our attention. No charges were pressed or anything like that. That happened way back in 2005 when we first separated.

The fact is, we have a complete family unit. She does NOT have the bond with the biological father that she has with my husband, whom she adores (and likewise). I have to BRIBE her to talk to him (biodad) on the phone when he calls, and when he says things on the phone like "I'm going to come get you and take you back to michigan" she freaks out and throws the phone and won't talk to him. She has actually said things to him like "I no want to go to Michigan. I stay HERE" and he yells at her and tells her she has no choice. How is that healthy?

I try very hard to keep her out of this stuff. She is essentially a baby and shouldn't have to worry about these things. I don't tell her ANYTHING, and whenever he gets the chance, he tries to fill her head with stuff. That seems highly inappropriate and not good for her psyche.


He hasn't ever said the words "I don't care about her best interests" or anything like that. It's his actions that say that.

When I told him that I wasn't going to let him take her back to MI for two weeks at a time because she was starting to change her behavior in a concerning way, he said "I don't care! I'm her father and I deserve to have her regardless" That's what I mean. I voiced my concerns that he lives in his parents' basement and they all smoke in the house like crazy. He didn't care. Her stuff would come back REEKING like smoke badly. It'd take multiple washings to remove the smell. I could go on and on. He doesn't do anything I would consider abusive, but his concern is more "daddy status" than her mental wellbeing. He also works ALL The time in the spring and summer, which means she would be dropped off at a babysitter at around 5am, dropped off at grandma's at around 5pm, and he wouldn't even get home from work until around 8pm. So she wouldn't even be WITH him - she'd be with babysitters and Grandma. How is that stability?

Is this in the same court you filed originally? If so, why did you file in the wrong court?

I can't say for sure, but I *think* they may only have 14 days to file for a reinstatement of the case, under mcr 2.612 and mcr 2.625.

Are there police reports of domestic violence? If so, you want to be very careful what you testify to.

How did the putative father make it clear that your child's best interests were not his priority? Besides the obligation to child support, he also has rights, even if you choose not to pursue child support.

You are going to have this person in your life for a long time; it would be in your own (and your child's) best interest to try to work something out between you. Otherwise the courts will.

Good luck!

~Christina

[Mr. Knowitall]

Had he or his lawyer filed an appearance before you filed your dismissal? If not, they were entitled to notice.

They don't have to "serve" their motion on you by anything but first class mail.

You were already told in the other thread what law you (and your spouse) should raise, and that you (and your spouse) would benefit from legal representation. I suspect that a lawyer could get the motion dismissed on the basis of "no harm, no foul" - not exactly a legal term, but what I mean is that he could point out to the court that you had the right to dismiss your claim, he did not file a counterclaim prior to dismissal (I assume that's the case), and he has no standing to commence his own paternity action (I suspect he knows that, which is why he's trying to reinstate instead of commencing a separate action). Your husband's lawyer could petition to intervene to defend his rights in this action.