Wood & Associates: Attorneys At Law

Mistake of Fact?

A recent Michigan appellate case involving the Revocation of Paternity Act, MCL 722.1437, recently held that one of the statutory criteria must be met before an extension to revoke the affidavit of parentage is granted. In Kalin v Fleming Docket No 336724 for publication, the court held that the Plaintiff, mother, under MCL 722.1437 did not meet one of the statutory criteria to get an extension granted for filing a revocation on the affidavit of parentage. Normally, after three years, a party must demonstrate one of the following to get an extension: 1) mistake of fact; 2) newly discovered evidence that by due diligence could not have been found before the acknowledgement was signed; 3) fraud; 4) misrepresentation or misconduct; or 5) duress in signing the acknowledgement. In this case, the mother requested an extension for revoking an affidavit of parentage because she alleged the father signed it under a “mistake of fact.”  The Court of Appeals acknowledged that it was a “mistake of fact” when the father signed it, however in this case, because he was not the party requesting the extension, it did not matter. What to take away from the case? If two unmarried people have a child, and one seeks to question paternity, he or she must do so within three years. After the three years, an extension will only be granted if one of the five statutory criteria are met.