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STATE OF MICHIGAN
COURT OF APPEALS


GREGORY G. SINICROPI, Plaintiff-Appellant, v HOLLY V. MAZUREK, Defendant-Appellee, and MARTIN A. POWERS Intervening Defendant-Appellee.

FOR PUBLICATION July 1, 2008 9:10 a.m. No. 281726 Jackson Circuit Court LC No. 05-002154-DP Advance Sheets Version

MARTIN A. POWERS, Plaintiff-Appellee, v HOLLY V. MAZUREK, Defendant-Appellant. No. 281770 Jackson Circuit Court LC No. 01-002346-DC

Before: Gleicher, P.J., and Fitzgerald and Hoekstra, JJ. GLEICHER, P.J. In Sinicropi v Mazurek, 273 Mich App 149; 729 NW2d 256 (2006), we instructed the trial court to determine on remand whether clear and convincing evidence supported the revocation of an acknowledgment of parentage, considering the "equities of the case." Id. at 185. After conducting an evidentiary hearing, the trial court refused to revoke the acknowledgment of parentage signed by Holly Mazurek shortly after the birth of her son, Noah Powers. Mazurek and Gregory Sinicropi, Noah's biological father, now appeal as of right. We affirm.

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I. Underlying Facts and Proceedings This Court's prior opinion succinctly states the pertinent facts as follows: This case concerns a child [Noah] who was born out of wedlock in 1999 to Mazurek while she was in a relationship with Powers, but Sinicropi is the biological father of the child as established by DNA (deoxyribonucleic acid) testing. Mazurek had dated Powers, then briefly dated Sinicropi, before subsequently resuming her relationship with Powers, during which time the child was born. Powers, along with Mazurek, executed an acknowledgment of parentage on the child's birth. None of the parties was aware that Sinicropi was the biological father until 2004, when the DNA testing was conducted following Mazurek's suspicion that Sinicropi might be the father given the child's developing physical characteristics and appearance. Meanwhile, Powers raised the child as his own with Mazurek. Powers and Mazurek again split up in 2001, and Powers filed a custody action against Mazurek when the relationship ended. They immediately stipulated the entry of a consent order giving them joint legal and physical custody. In 2004, Powers sought sole custody after Mazurek moved out of Jackson, Michigan, where Powers, Mazurek, and the child had resided since the child's birth, to live with her new fianc

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Michigan Law