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Michigan Supreme Court to decide whether paternity can be challenged after divorce

Dec 24, 2014

DNA model is from the Oxford University Science Museum
Credit Lawrence OP / Flickr

The state Supreme Court will decide whether a woman can have her ex-husband’s parental rights revoked because he’s not the biological father of her daughter.

Paternity was never an issue in the divorce of John and Jennie Glaubius, and the divorce order treats the ex-husband as the father of a little girl born while the couple was married. But a paternity test done after the divorce determined the biological father was almost certainly a man the mother was having an affair with during the marriage.

Jennie Glaubius lost in the trial court, but won in the state Court of Appeals.

The problem is this case does not fit neatly into any of the paternity categories set in state law. That’s despite the fact that the Legislature changed the law a couple years ago to reflect the new realities now that DNA tests can establish parentage.