reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 3 - Enforcement (722.1301...722.1316) › Section 722.1305 - Registered Child-Custody Determination; Enforcement.

722.1305 Registered child-custody determination; enforcement.
Sec. 305.
(1) A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state.
(2) A court of this state shall recognize and enforce, but shall not modify except in accordance with article 2, a registered child-custody determination of another state.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 3 - Enforcement (722.1301...722.1316) › Section 722.1306 - Commencement of In-State Enforcement Proceeding; Out-of-State Modification Proceeding; Communication of Enforcing Court With Modifying Court.

722.1306 Commencement of in-state enforcement proceeding; out-of-state modification proceeding; communication of enforcing court with modifying court.
Sec. 306.
If a proceeding for enforcement under this article is commenced in this state and a court of this state determines that a proceeding to modify the child-custody determination has been commenced in another state having jurisdiction to modify the child-custody determination under article 2, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 3 - Enforcement (722.1301...722.1316) › Section 722.1308 - Petition and Order; Service.

722.1308 Petition and order; service.
Sec. 308.
Except as otherwise provided in section 310, the petition and order must be served, by a method authorized by the law of this state, upon respondent and any person who has physical custody of the child.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 3 - Enforcement (722.1301...722.1316) › Section 722.1309 - Delivery of Child to Petitioner; Grounds for Exception; Expenses; Additional Relief; Refusal to Testify; Inference; Privilege Against Disclosure.

722.1309 Delivery of child to petitioner; grounds for exception; expenses; additional relief; refusal to testify; inference; privilege against disclosure.
Sec. 309.
(1) Unless the court issues a temporary emergency order as provided in section 204, upon a finding that a petitioner is immediately entitled to the physical custody of the child, the court shall order the child delivered to the petitioner unless the respondent establishes either of the following:
(a) The child-custody determination has not been registered and confirmed under section 304 and 1 or more of the following:
(i) The issuing court did not have jurisdiction under article 2.
(ii) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under article 2 or federal law.
(iii) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 108 in the proceedings before the court that issued the order for which enforcement is sought.
(b) The child-custody determination for which enforcement is sought was registered and confirmed under section 304, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under article 2 or federal law.
(2) The court shall award the fees, costs, and expenses authorized under section 311 and may grant additional relief, including a request for the assistance of law enforcement officials, and schedule a further hearing to determine whether additional relief is appropriate.
(3) If a party called to testify refuses to answer on the grounds that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(4) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child cannot be invoked in a proceeding under this article.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 3 - Enforcement (722.1301...722.1316) › Section 722.1310 - Warrant to Take Physical Custody of Child.

722.1310 Warrant to take physical custody of child.
Sec. 310.
(1) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is likely to suffer serious imminent physical harm or be removed from this state.
(2) If the court, upon the testimony of the petitioner or other witness, finds that the child is likely to suffer serious imminent physical harm or be imminently removed from this state, the court may issue a warrant to take physical custody of the child. The court shall hold a hearing on the petition on the next judicial day after the warrant is executed. A warrant issued under this section must include the statements required in an enforcement petition by section 307.
(3) A warrant to take physical custody of a child must include at least the following:
(a) A recitation of the facts upon which a conclusion of serious imminent physical harm or imminent removal from the jurisdiction is based.
(b) An order directing law enforcement officers to take physical custody of the child immediately.
(c) Provisions for the placement of the child pending final relief.
(4) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(5) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or another witness that a less intrusive remedy is not effective, the court may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
(6) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 3 - Enforcement (722.1301...722.1316) › Section 722.1311 - Assessment of Expenses.

722.1311 Assessment of expenses.
Sec. 311.
(1) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, witness expenses, travel expenses, and child care expenses during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(2) The court shall not assess fees, costs, or expenses against a state except as otherwise provided by law other than this act.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 3 - Enforcement (722.1301...722.1316) › Section 722.1312 - Full Faith and Credit.

722.1312 Full faith and credit.
Sec. 312.
A court of this state shall accord full faith and credit to an order issued by another state and consistent with this act that enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under article 2.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 3 - Enforcement (722.1301...722.1316) › Section 722.1313 - Appeal.

722.1313 Appeal.
Sec. 313.
An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 204, the enforcing court may not stay an order enforcing a child-custody determination pending appeal.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 3 - Enforcement (722.1301...722.1316) › Section 722.1314 - International Child Abduction; Actions by Prosecutor or Attorney General.

722.1314 International child abduction; actions by prosecutor or attorney general.
Sec. 314.
(1) In a case arising under this act or involving the Hague convention on the civil aspects of international child abduction, a prosecutor or the attorney general may take any lawful action, including resort to a proceeding under this article or another available civil proceeding, to locate a child, obtain the return of a child, or enforce a child-custody determination if there is 1 or more of the following:
(a) An existing child-custody determination.
(b) A request from a court in a pending child-custody proceeding.
(c) A reasonable belief that a criminal statute has been violated.
(d) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague convention on the civil aspects of international child abduction.
(2) A prosecutor or the attorney general acting under this section acts on behalf of the court and shall not represent a party to a child-custody determination.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 3 - Enforcement (722.1301...722.1316) › Section 722.1315 - Actions by Law Enforcement Officer.

722.1315 Actions by law enforcement officer.
Sec. 315.
At the request of a prosecutor or the attorney general acting under section 314, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and to assist the prosecutor or attorney general with responsibilities under section 314.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 3 - Enforcement (722.1301...722.1316) › Section 722.1316 - Expenses of Prosecutor or Attorney General and Law Enforcement Officers; Assessment Against Respondent.

722.1316 Expenses of prosecutor or attorney general and law enforcement officers; assessment against respondent.
Sec. 316.
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or attorney general and law enforcement officers under section 314 or 315.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 4 - Miscellaneous (722.1401...722.1406) › Section 722.1401 - Application and Construction of Act; Promotion of Uniformity.

722.1401 Application and construction of act; promotion of uniformity.
Sec. 401.
In applying and construing this uniform act, the court shall give consideration to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 4 - Miscellaneous (722.1401...722.1406) › Section 722.1405 - Proceedings Commenced Before Effective Date of Act.

722.1405 Proceedings commenced before effective date of act.
Sec. 405.
A motion or other request for relief made in a child-custody or enforcement proceeding that was commenced before the effective date of this act is governed by the law in effect at the time the motion or other request was made.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 195 of 2001 - Uniform Child-Custody Jurisdiction and Enforcement Act (722.1101 - 722.1406) › Article 4 - Miscellaneous (722.1401...722.1406) › Section 722.1406 - Repeal of MCL 600.651 to 600.673; Effective Date of Act.

722.1406 Repeal of MCL 600.651 to 600.673; effective date of act.
Sec. 406.
(1) Sections 651 to 673 of the revised judicature act of 1961, 1961 PA 236, MCL 600.651 to 600.673, are repealed.
(2) This act takes effect April 1, 2002.
History:
2001, Act 195, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 159 of 2012 - Revocation of Paternity Act (722.1431 - 722.1445) › Section 722.1431 - Short Title.

722.1431 Short title.
Sec. 1.
This act shall be known and may be cited as the "revocation of paternity act".
History:
2012, Act 159, Imd. Eff. June 12, 2012
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 159 of 2012 - Revocation of Paternity Act (722.1431 - 722.1445) › Section 722.1433 - Definitions.

722.1433 Definitions.
Sec. 3.
As used in this act:
(a) "Acknowledged father" means a man who has affirmatively held himself out to be the child's father by executing an acknowledgment of parentage under the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013.
(b) "Affiliated father" means a man who has been determined in a court to be the child's father.
(c) "Alleged father" means a man who by his actions could have fathered the child.
(d) "Genetic father" means a man whose paternity has been determined solely through genetic testing under the paternity act, 1956 PA 205, MCL 722.711 to 722.730, the summary support and paternity act, or the genetic parentage act.
(e) "Presumed father" means a man who is presumed to be the child's father by virtue of his marriage to the child's mother at the time of the child's conception or birth.
(f) "Order of filiation" means a judicial order establishing an affiliated father.
(g) "Title IV-D case" means an action in which services are provided under part D of title IV of the social security act, 42 USC 651 to 669b.
History:
2012, Act 159, Imd. Eff. June 12, 2012 ;-- Am. 2014, Act 376, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 159 of 2012 - Revocation of Paternity Act (722.1431 - 722.1445) › Section 722.1435 - Applicability of Sections to Certain Actions.

722.1435 Applicability of sections to certain actions.
Sec. 5.
(1) Section 7 governs an action to set aside an acknowledgment of parentage.
(2) Section 8 governs an action to determine that a genetic father is not a child's father.
(3) Section 9 governs an action to set aside an order of filiation.
(4) Section 11 governs an action to determine that a presumed father is not a child's father.
History:
2012, Act 159, Imd. Eff. June 12, 2012 ;-- Am. 2014, Act 376, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 159 of 2012 - Revocation of Paternity Act (722.1431 - 722.1445) › Section 722.1438 - Action for Order Determining Genetic Father Not Child's Father.

722.1438 Action for order determining genetic father not child's father.
Sec. 8.
(1) The mother, the genetic father, an alleged father, or a prosecuting attorney may file an action for an order determining that a genetic father is not a child's father. An action under this section shall be filed within 3 years after the child's birth or within 1 year after the date that the genetic father was established as a child's father, whichever is later.
(2) An action under this section shall be supported by an affidavit signed by the person filing the action that states facts constituting 1 of the following:
(a) The genetic tests that established the man as a child's father were inaccurate.
(b) The man's genetic material was not available to the child's mother.
(c) A man who has DNA identical to the genetic father is the child's father.
(3) If the court in an action under this section finds that an affidavit under subsection (2) is sufficient, the court shall order blood or tissue typing or DNA identification profiling as required under section 13(5). The person filing the action has the burden of proving, by clear and convincing evidence, that the genetic father is not the father of the child. The court may order the person filing the action to repay the cost of the genetic test to the state.
(4) If a genetic father has been reported to the state registrar as a child's father, the clerk of the court shall forward a copy of an order determining that the genetic father is not a child's father to the state registrar. The state registrar shall remove the genetic father as the child's father and may amend the birth certificate as prescribed by the order.
(5) Whether an action filed under this section is brought by a complaint in an original action or by a motion in an existing action, the prosecuting attorney, an attorney appointed by the county, or an attorney appointed by the court is not required to represent any party regarding the action.
History:
Add. 2014, Act 376, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 159 of 2012 - Revocation of Paternity Act (722.1431 - 722.1445) › Section 722.1439 - Motion to Set Aside Determination.

722.1439 Motion to set aside determination.
Sec. 9.
(1) If a child has an affiliated father and paternity was determined based on the affiliated father's failure to participate in the court proceedings, the mother, an alleged father, or the affiliated father may file a motion with the court that made the determination to set aside the determination.
(2) A motion under this section shall be filed within 3 years after the child's birth or within 1 year after the date of the order of filiation, whichever is later. The requirement that an action be filed within 3 years after the child's birth or within 1 year after the date of the order of filiation does not apply to an action filed on or before 1 year after the effective date of this act.
(3) If the court determines that a motion under this section should be denied and the order of filiation not be set aside, the court shall order the person who filed the motion to pay the reasonable attorney fees and costs incurred by any other party because of the motion.
History:
2012, Act 159, Imd. Eff. June 12, 2012
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 159 of 2012 - Revocation of Paternity Act (722.1431 - 722.1445) › Section 722.1445 - Determination of Paternity.

722.1445 Determination of paternity.
Sec. 15.
(1) If an action is brought by an alleged father who proves by clear and convincing evidence that he is the child's father, the court may make a determination of paternity and enter an order of filiation as provided for under section 7 of the paternity act, 1956 PA 205, MCL 722.717.
(2) If an action is brought by a mother who, after a fact-finding hearing, proves by clear and convincing evidence that the child was conceived as a result of nonconsensual sexual penetration, the court shall do 1 of the following:
(a) Revoke an acknowledgment of parentage for an acknowledged father.
(b) Determine that a genetic father is not the child's father.
(c) Set aside an order of filiation for an affiliated father.
(d) Make a determination of paternity regarding an alleged father and enter an order of revocation of paternity for that alleged father.
(3) Subsection (2) does not apply if, after the date of the alleged nonconsensual sexual penetration described in subsection (2), the biological parents cohabit and establish a mutual custodial environment for the child.
(4) As used in this section, "sexual penetration" means that term as defined in section 520a of the Michigan penal code, 1931 PA 328, MCL 750.520a.
History:
2012, Act 159, Imd. Eff. June 12, 2012 ;-- Am. 2016, Act 178, Eff. Sept. 12, 2016
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 365 of 2014 - Genetic Parentage Act (722.1461 - 722.1475) › Section 722.1461 - Short Title.

722.1461 Short title.
Sec. 1.
This act shall be known and may be cited as the "genetic parentage act".
History:
2014, Act 365, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 365 of 2014 - Genetic Parentage Act (722.1461 - 722.1475) › Section 722.1463 - Definitions.

722.1463 Definitions.
Sec. 3.
As used in this act:
(a) "Alleged father" means a man who by his actions could have fathered the child.
(b) "Child born out of wedlock" means a child conceived and born to a woman who was not married from the conception to the date of birth of the child or a child that the court has determined to be a child born or conceived during a marriage but not the issue of that marriage.
(c) "DNA identification profiling" and "summary report" mean those terms as defined in section 1 of the paternity act, MCL 722.711.
(d) "Genetic paternity determination form" means a form issued by the title IV-D agency to provide genetic testing information to the state registrar. A genetic paternity determination form provides identifying information for individuals on the summary report and includes, but is not limited to, the following information:
(i) As provided under section 7 or 9, the man is the child's father.
(ii) The child's name, date of birth, and the name of the city, county, and state where the child was born.
(iii) The mother's name, social security number, and date of birth.
(iv) The father's name, social security number, and date of birth.
(v) Other information required to carry into effect the provisions of this act.
(e) "Paternity act" means the paternity act, 1956 PA 205, MCL 722.711 to 722.730.
(f) "Public health code" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.
(g) "State registrar" means that term as defined in section 2805 of the public health code, MCL 333.2805.
(h) "Title IV-D agency" means that term as defined in section 2 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.602.
History:
2014, Act 365, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 365 of 2014 - Genetic Parentage Act (722.1461 - 722.1475) › Section 722.1465 - Use of Act to Determine Paternity.

722.1465 Use of act to determine paternity.
Sec. 5.
This act cannot be used to determine paternity if either of the following is true:
(a) The child's father has previously acknowledged paternity under the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013, or if the child's paternity has been established under the law of this or another state.
(b) The child is subject to a pending adoption proceeding under the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70, or if the child is subject to a pending adoption proceeding in another state.
History:
2014, Act 365, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 365 of 2014 - Genetic Parentage Act (722.1461 - 722.1475) › Section 722.1467 - Consideration as Biological Father; Conditions; Additional Genetic Paternity Testing.

722.1467 Consideration as biological father; conditions; additional genetic paternity testing.
Sec. 7.
(1) If a child is born out of wedlock, a man is considered to be the biological father of that child if all of the following are true:
(a) The alleged father or mother is receiving services from a title IV-D agency.
(b) The mother, child, and alleged father submitted to blood or tissue typing determinations that may include, but are not limited to, determinations of red cell antigens, red cell isoenzymes, human leukocyte antigens, serum proteins, or DNA identification profiling, to determine whether the alleged father is likely to be, or is not, the father of the child.
(c) A blood or tissue typing or DNA identification profiling was conducted by a person accredited for paternity determinations by a nationally recognized scientific organization, including, but not limited to, the American association of blood banks and approved by the department of human services.
(d) The probability of paternity determined by the qualified person described in subdivision (c) conducting the blood or tissue typing or DNA identification profiling is 99% or higher.
(e) The mother and alleged father sign a form created by the department of human services agreeing to submit to the test. The form created under this subdivision shall include, but not be limited to, the following information:
(i) A summary of how the tests will be conducted.
(ii) A summary of how the test results will establish or exclude the alleged father as the child's father.
(iii) That if genetic testing establishes paternity, the mother shall be granted initial custody of the child, without prejudice to the determination of either parent's custodial rights, until otherwise determined by the court or otherwise agreed upon by the parties in writing and acknowledged by the court.
(iv) That the parties consent to the general personal jurisdiction of the court of record of this state regarding the issues of the support, custody, and parenting time of the child.
(2) If the results of the analysis of genetic testing material from 2 or more persons indicate a probability of paternity greater than 99%, the accredited person described in subsection (1)(c) shall conduct additional genetic paternity testing until all but 1 of the alleged fathers is eliminated, unless the dispute involves 2 or more alleged fathers who have identical DNA.
History:
2014, Act 365, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 365 of 2014 - Genetic Parentage Act (722.1461 - 722.1475) › Section 722.1469 - Establishment of Paternity by Genetic Testing; Initial Custody of Child to Mother; Basis for Court-Ordered Child Support, Custody, or Parenting Time; Status, Rights, and Duties of Child.

722.1469 Establishment of paternity by genetic testing; initial custody of child to mother; basis for court-ordered child support, custody, or parenting time; status, rights, and duties of child.
Sec. 9.
(1) Genetic testing that determines a man is the biological father of a child under this act establishes paternity. If genetic testing establishes paternity as described in this subsection, the mother is granted initial custody of the child, without prejudice to the determination of either parent's custodial rights, until otherwise determined by the court or otherwise agreed upon by the parties in writing and acknowledged by the court. This grant of initial custody to the mother does not, by itself, affect the rights of either parent in a proceeding to seek a court order for custody or parenting time.
(2) Genetic testing that determines the man is the biological father of a child under this act may be the basis for court-ordered child support, custody, or parenting time without further adjudication under the paternity act. The child who is the subject of the genetic testing has the same relationship to the mother and the man determined to be the biological father under this act as a child born or conceived during a marriage and has identical status, rights, and duties of a child born in lawful wedlock effective from birth.
History:
2014, Act 365, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 365 of 2014 - Genetic Parentage Act (722.1461 - 722.1475) › Section 722.1471 - Genetic Paternity Determination Form and Summary Report; Filing With State Registrar; Copy to Be Provided to Mother and Father; Inclusion of Child's Father on Birth Certificate; Fee to Amend Birth Certificate; Issuance of Copy of Genetic Paternity Determination Form and Summary Report.

722.1471 Genetic paternity determination form and summary report; filing with state registrar; copy to be provided to mother and father; inclusion of child's father on birth certificate; fee to amend birth certificate; issuance of copy of genetic paternity determination form and summary report.
Sec. 11.
(1) The title IV-D agency shall file a genetic paternity determination form and a summary report with the state registrar. The state registrar shall review the genetic paternity determination form and the summary report upon receipt. If the genetic paternity determination form and summary report comply with the provisions of this act, the state registrar shall file the genetic paternity determination form and the summary report in a parentage registry in the office of the state registrar. The genetic paternity determination form and the summary report filed with the state registrar shall be maintained as a permanent record in a manner consistent with section 2876 of the public health code, MCL 333.2876.
(2) The title IV-D agency shall provide a copy of the genetic paternity determination form and the summary report to the mother and father.
(3) When the genetic paternity determination form and the summary report are filed with the state registrar on a child born in this state, the father of the child may be included on the birth certificate unless another man is recorded as the child's father on the birth certificate. The state registrar shall collect the fee to amend the birth certificate as identified in section 2891 of the public health code, MCL 333.2891. For a birth certificate amended under this subsection and upon written request of both parents, the child's surname shall be recorded on the birth certificate as designated by the child's parents.
(4) Upon request, the state registrar shall issue a copy of the genetic paternity determination form and summary report filed in the parentage registry under the procedures and upon payment of the fee prescribed by section 2891 of the public health code, MCL 333.2891.
History:
2014, Act 365, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 365 of 2014 - Genetic Parentage Act (722.1461 - 722.1475) › Section 722.1473 - Consent to Court Jurisdiction.

722.1473 Consent to court jurisdiction.
Sec. 13.
Except as otherwise provided by law, a mother and father who have genetic tests that are filed as a genetic paternity determination form as prescribed by section 11 are consenting to the general personal jurisdiction of the courts of record of this state regarding the issues of the support, custody, and parenting time of the child.
History:
2014, Act 365, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 365 of 2014 - Genetic Parentage Act (722.1461 - 722.1475) › Section 722.1475 - Genetic Paternity Determination Form; Creation.

722.1475 Genetic paternity determination form; creation.
Sec. 15.
The department of human services in consultation with the department of community health shall create the genetic paternity determination form.
History:
2014, Act 365, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 366 of 2014 - Summary Support and Paternity Act (722.1491 - 722.1503) › Section 722.1491 - Short Title.

722.1491 Short title.
Sec. 1.
This act shall be known and may be cited as the "summary support and paternity act".
History:
2014, Act 366, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 366 of 2014 - Summary Support and Paternity Act (722.1491 - 722.1503) › Section 722.1492 - Definitions.

722.1492 Definitions.
Sec. 2.
As used in this act:
(a) "Alleged father" means a man who is alleged to have fathered the child who is the subject of an action to establish the father's paternity under this act.
(b) "Child born out of wedlock" means a child conceived and born to a woman who was not married from the conception to the date of birth of the child, or a child that the court has determined to be a child born or conceived during a marriage but not the issue of that marriage.
(c) "Child custody act of 1970" means the child custody act of 1970, 1970 PA 91, MCL 722.21 to 722.31.
(d) "Court" means the circuit court.
(e) "Department" means the department of human services.
(f) "Friend of the court act" means the friend of the court act, 1982 PA 294, MCL 552.501 to 552.535.
(g) "Party" means a child's mother or a child's alleged or legally established father under this act.
(h) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
(i) "Support" means that term as defined in section 2a of the friend of the court act, MCL 552.502a.
(j) "Support and parenting time enforcement act" means the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650.
(k) "Support formula" means the support formula developed by the state friend of the court bureau under section 19 of the friend of the court act, MCL 552.519.
(l) "Title IV-D" and "title IV-D agency" mean those terms as defined in section 2 of the support and parenting time enforcement act, MCL 552.602.
History:
2014, Act 366, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 366 of 2014 - Summary Support and Paternity Act (722.1491 - 722.1503) › Section 722.1493 - Use of Act by Title Iv-D Agency.

722.1493 Use of act by title IV-D agency.
Sec. 3.
Only a title IV-D agency shall use the provisions of this act to establish paternity and support.
History:
2014, Act 366, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 366 of 2014 - Summary Support and Paternity Act (722.1491 - 722.1503) › Section 722.1494 - Determination of Father of Child Born Out of Wedlock.

722.1494 Determination of father of child born out of wedlock.
Sec. 4.
A man is the father of a child born out of wedlock if the man has been determined to be the child's father under section 5, other law of this state, or the law of another state.
History:
2014, Act 366, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 366 of 2014 - Summary Support and Paternity Act (722.1491 - 722.1503) › Section 722.1496 - Genetic Testing.

722.1496 Genetic testing.
Sec. 6.
(1) If a party requests genetic testing in a timely manner under section 5, the title IV-D agency shall notify the parties of the date, time, and place for the collection of the genetic sample for genetic testing of the mother, alleged father, and child. The date for taking the genetic samples for testing shall be not later than 60 days after the request for genetic testing.
(2) Genetic testing under this section shall be conducted by a person accredited for paternity determinations by a nationally recognized scientific organization and approved by the department.
(3) Within 28 days of receiving genetic test results, the title IV-D agency shall notify the parties and the court of the test results. The title IV-D agency shall submit a proposed order to the court. The court shall enter the order if the court is satisfied that the procedures established in this act have been followed. The proposed order shall do either of the following:
(a) If the genetic testing concludes a probability of paternity of 99% or higher, declare the alleged father as the child's father and may order the payment of support and the repayment of the cost of the genetic test to the state.
(b) If the genetic testing excludes the alleged father as the child's father, declare that the alleged father is not the child's father.
(4) If the nonfiling party requests genetic testing and the alleged father is not excluded as the child's father, the court may order the nonfiling party to repay the cost of the genetic test to the state in an order entered under this section.
(5) If the nonfiling party provides proof that the alleged father has been excluded as the child's father in a separate action under the laws of this state or another state, the proof submitted in support of the exclusion shall be filed with the court. The court shall provide notice and an opportunity for the parties to be heard and shall do either of the following:
(a) If the court finds that the alleged father has been excluded as the child's father under the laws of this state or another state, dismiss the action filed under this act.
(b) If the court finds that the alleged father has not been excluded as the child's father under the laws of this state or another state, order the parties and the child to have genetic testing as set forth in this act.
History:
2014, Act 366, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 366 of 2014 - Summary Support and Paternity Act (722.1491 - 722.1503) › Section 722.1497 - Order Declaring Alleged Father to Be Child's Father; Failure to Submit to Genetic Testing; Contempt; Actions by Court.

722.1497 Order declaring alleged father to be child's father; failure to submit to genetic testing; contempt; actions by court.
Sec. 7.
(1) Except as provided in subsection (2), if neither party to whom notice is given under section 5 requests genetic testing, or if the alleged father admits paternity, the title IV-D agency shall submit a proposed order to the court that establishes the alleged father to be the child's father and orders the payment of support. If the court is satisfied that the procedures in this act have been followed, the court shall enter the order.
(2) If the action is being filed on behalf of the alleged father and the child's mother does not admit the alleged father's paternity, the court shall not enter an order under this act declaring the alleged father to be the child's father unless genetic testing determines that the alleged father has a probability of paternity of 99% or higher.
(3) If a party who has participated in the proceeding or who has been served with the statement and notice as provided in section 5 fails to submit to genetic testing, and the court is made aware of that fact by affidavit or otherwise, the court may find the party in contempt, issue a warrant for the party's arrest to compel the party to appear for genetic testing, order other actions as the court considers appropriate to compel the party to appear for genetic testing, and order the person to pay the costs of the proceeding. The court may order the child's mother to produce the child and to submit to genetic testing. A court may dismiss the proceeding if the filing party fails to appear or produce the child for genetic testing, but the dismissal does not bar future action to establish the child's paternity.
History:
2014, Act 366, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 366 of 2014 - Summary Support and Paternity Act (722.1491 - 722.1503) › Section 722.1498 - Duty to Pay Child Support; Liability for Medical Expenses.

722.1498 Duty to pay child support; liability for medical expenses.
Sec. 8.
(1) The child's mother and father have a duty to pay support for the child, which duty may be enforced by either party, the child, the child's guardian, the child's foster parent, or the state through the title IV-D agency.
(2) The parents of a child born out of wedlock are also liable for the medical expenses connected to the mother's pregnancy and the child's birth to the same extent and in the same manner as those expenses are allowed under the paternity act, 1956 PA 205, MCL 722.711 to 722.730.
History:
2014, Act 366, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 366 of 2014 - Summary Support and Paternity Act (722.1491 - 722.1503) › Section 722.1500 - Establishment of Support Obligation.

722.1500 Establishment of support obligation.
Sec. 10.
(1) The title IV-D agency shall use the procedures set forth in section 17b of the friend of the court act, MCL 552.517b, to establish the support obligation of a parent who is ordered to pay support under this act even if the title IV-D agency using the procedures is not the friend of the court. The procedures described in this section may be used at the same time as the procedures provided in sections 1 to 8.
(2) A person who is subject to this act must provide information requested by the title IV-D agency to establish the person's support obligation.
History:
2014, Act 366, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 366 of 2014 - Summary Support and Paternity Act (722.1491 - 722.1503) › Section 722.1502 - Motion to Set Aside Order.

722.1502 Motion to set aside order.
Sec. 12.
In a proceeding under this act, a party may file a motion to set aside the order entered under section 6(3) or contesting a child's paternity as provided in the revocation of paternity act, 2012 PA 159, MCL 722.1431 to 722.1445.
History:
2014, Act 366, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 366 of 2014 - Summary Support and Paternity Act (722.1491 - 722.1503) › Section 722.1503 - Fees.

722.1503 Fees.
Sec. 13.
No filing, order, or court reporter's fees are required for an action or proceeding under this act, but the court may assess any costs, service costs, and attorney fees against the nonfiling party in an order under this act.
History:
2014, Act 366, Eff. Mar. 17, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 460 of 2014 - Uniform Child Abduction Prevention Act (722.1521 - 722.1532) › Section 722.1521 - Short Title.

722.1521 Short title.
Sec. 1.
This act shall be known and may be cited as the "uniform child abduction prevention act".
History:
2014, Act 460, Imd. Eff. Jan. 12, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 460 of 2014 - Uniform Child Abduction Prevention Act (722.1521 - 722.1532) › Section 722.1523 - Applicability of MCL 722.1110 to 722.1112.

722.1523 Applicability of MCL 722.1110 to 722.1112.
Sec. 3.
Sections 110 to 112 of the uniform child-custody jurisdiction and enforcement act, 2001 PA 195, MCL 722.1110 to 722.1112, apply to cooperation and communications among courts in proceedings under this act.
History:
2014, Act 460, Imd. Eff. Jan. 12, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 460 of 2014 - Uniform Child Abduction Prevention Act (722.1521 - 722.1532) › Section 722.1524 - Abduction Prevention Measures in Child-Custody Proceeding; Court Order; Petition; Warrant to Take Physical Custody of Child.

722.1524 Abduction prevention measures in child-custody proceeding; court order; petition; warrant to take physical custody of child.
Sec. 4.
(1) A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
(2) A party to a child-custody determination or another individual or entity having a right under the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this act.
(3) A prosecutor or the attorney general may seek a warrant to take physical custody of a child under section 9 or other appropriate prevention measures.
History:
2014, Act 460, Imd. Eff. Jan. 12, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 460 of 2014 - Uniform Child Abduction Prevention Act (722.1521 - 722.1532) › Section 722.1525 - Petition; Court Jurisdiction; Emergency Jurisdiction.

722.1525 Petition; court jurisdiction; emergency jurisdiction.
Sec. 5.
(1) A petition under this act may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under the uniform child-custody jurisdiction and enforcement act, 2001 PA 195, MCL 722.1101 to 722.1406.
(2) A court of this state has temporary emergency jurisdiction under section 204 of the uniform child-custody jurisdiction and enforcement act, 2001 PA 195, MCL 722.1204, if the court finds a credible risk of abduction.
History:
2014, Act 460, Imd. Eff. Jan. 12, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 460 of 2014 - Uniform Child Abduction Prevention Act (722.1521 - 722.1532) › Section 722.1526 - Petition; Verification; Specification of Risk Factors; Contents.

722.1526 Petition; verification; specification of risk factors; contents.
Sec. 6.
A petition under this act shall be verified and include a copy of any existing child-custody determination, if available. The petition shall specify the risk factors for abduction, including the relevant factors described in section 7. Subject to section 209(5) of the uniform child-custody jurisdiction and enforcement act, 2001 PA 195, MCL 722.1209, if reasonably ascertainable, the petition must contain all of the following:
(a) The name, date of birth, and gender of the child.
(b) The customary address and current physical location of the child.
(c) The identity, customary address, and current physical location of the respondent.
(d) A statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action.
(e) A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case.
(f) Information regarding any protection order previously entered involving either party or the child.
(g) Any other information required to be submitted to the court for a child-custody determination under section 209 of the uniform child-custody jurisdiction and enforcement act, 2001 PA 195, MCL 722.1209.
History:
2014, Act 460, Imd. Eff. Jan. 12, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 460 of 2014 - Uniform Child Abduction Prevention Act (722.1521 - 722.1532) › Section 722.1530 - Abduction Prevention Order; Duration.

722.1530 Abduction prevention order; duration.
Sec. 10.
An abduction prevention order remains in effect until the earliest of the following:
(a) The time stated in the order.
(b) The emancipation of the child.
(c) The child's attaining 18 years of age.
(d) The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under sections 201 to 203 of the uniform child-custody jurisdiction and enforcement act, 2001 PA 195, MCL 722.1201 to 722.1203, or other applicable law of this state.
History:
2014, Act 460, Imd. Eff. Jan. 12, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 460 of 2014 - Uniform Child Abduction Prevention Act (722.1521 - 722.1532) › Section 722.1531 - Application and Construction of Uniform Act.

722.1531 Application and construction of uniform act.
Sec. 11.
In applying and construing this uniform act, a court shall consider the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
2014, Act 460, Imd. Eff. Jan. 12, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 460 of 2014 - Uniform Child Abduction Prevention Act (722.1521 - 722.1532) › Section 722.1532 - Electronic Signature or Delivery.

722.1532 Electronic signature or delivery.
Sec. 12.
This act modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 USC 7001 to 7031, but does not modify, limit, or supersede 15 USC 7001(c) or authorize electronic delivery of any of the notices described in 15 USC 7003(b).
History:
2014, Act 460, Imd. Eff. Jan. 12, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 434 of 2018 - Safe Families for Children Act (722.1551 - 722.1567) › Section 722.1551 - Short Title.

722.1551 Short title.
Sec. 1.
This act shall be known and may be cited as the "safe families for children act".
History:
2018, Act 434, Eff. Mar. 20, 2019