Opinion
No. 124697.
October 30, 2003.
Summary Disposition.
No. 124697. In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed, and the judgment of the Kent Circuit Court is reinstated. MCR 7.302(G)(1). Plaintiff did not have standing under the Child Custody Act, MCL 722.21 et seq., and would not have standing under the Paternity Act, MCL 722.711 et seq., to seek custody of and visitation rights with a child whose mother was married at the time of the child's conception and birth. MCL 722.26c, 722.711(a); Girard v. Wagenmaker, 437 Mich 231 (1991). Under the circumstances of this case, summary disposition was properly granted by the Kent Circuit Court to defendant. Defendant's motion for maintenance of status quo pending appeal is denied as moot. Reported below: 258 Mich App 357.
CAVANAGH and KELLY, JJ. We would grant or deny leave to appeal, but would not decide this case by peremptory order.