Graham v. Foster (Opinion on Application - Partial Affirm / Reverse)Annotate this Case
In 2009, defendant Sharea Foster, gave birth to a son, BF. Plaintiff Shae Graham alleged that he was the biological father of BF and therefore should be recognized as BF’s legal father. However, defendant has been married to her husband, Christopher Foster, since 2004. Because “a child conceived and born during a marriage is legally presumed the legitimate child of that marriage, and the mother’s husband is the child’s father as a matter of law,” Michigan law presumed that Christopher was BF’s father notwithstanding plaintiff’s assertions. Plaintiff, nonetheless, sought to establish his alleged paternity and legal fatherhood of BF. When a minor child has a presumptive father, the Revocation of Paternity Act (RPA) allows an individual to come forward under certain circumstances and allege his paternity and legal fatherhood. The Supreme Court determined that the Court of Appeals erred by prematurely adjudicating a nonparty’s anticipated defense (here, Christopher Foster). For that reason, the Supreme Court vacated the offending portions of the judgment below, while leaving in place its judgment remanding the case for further proceedings consistent with the remainder of its opinion.