Lucas County Department of Human Services v. Wayne
Lucas County Department of Human Services v. Wayne
Opinion of the Court
On June 13, 1988, the Monroe Circuit Court denied respondent Donald Gordon Wayne’s petition for a change of custody as to respondent’s two minor children. The sole issue on appeal is whether the circuit court erred in concluding that the issue of custody could not properly be raised in the proceeding before it. We find it did not.
Petitioner, Lucas County (Ohio) Department of Human Services, filed a Uniform Reciprocal Enforcement of Support Act (uresa)
Under MCLA 780.182, Section 32(1) a proceeding pursuant to this Act ([r]uresa) shall adjudicate only the issue of support and shall not adjudicate an issue of custody or visitation. Therefore, under this statute a change of custody cannot be made.
On appeal, respondent does not contest the fact that ruresa proceedings are an inappropriate forum for custody determinations.
We are not persuaded by respondent’s argument —the leopard did not change its spots. In spite of a brief detour through the procedures of the Paternity Act, the proceeding below was, throughout, a ruresa proceeding. Section 16a of ruresa
While specific procedures for the paternity determination are not set forth in ruresa, the Legislature has provided a statutory method for determining paternity under the Paternity Act. When faced with statutes which address the same subject (in pari materia), the two must be construed together and harmonized whenever possible.
Section 32(1) of ruresa bars adjudication on the issue of custody. To the extent that the provisions of the Paternity Act permit a custody determination, a conflict between the two acts arises and, as between the two, where paternity is raised in a ruresa proceeding, the ruresa provision must control.
A ruresa proceeding "shall not adjudicate an issue of custody.”
Affirmed.
See Ohio Rev Code Ann §§ 3115.01 et seq. (Anderson 1980). For analogous provisions under Michigan law, see the Revised Uniform Reciprocal Enforcement of Support Act (ruresa), MCL 780.151 et seq.; MSA 25.225(1) et seq.
The Lucas County, Ohio, court had granted a parallel motion on August 26,1987.
This quotation is taken from the petition respondent filed with the Monroe Circuit Court. In this regard, we note that respondent has, on appeal, appended to his brief a document purporting to be the "petition for change of custody.” However, the lower court records reveal that a somewhat modified petition was, in fact, filed with the court.
See MCL 780.182; MSA 25.225(32).
MCL 722.711 et seq.\ MSA 25.491 et seq.
MCL 722.720; MSA 25.500.
MCL 780.166a; MSA 25.225(16a).
Crawford Co v Secretary of State, 160 Mich App 88, 95; 408 NW2d 112 (1987).
See Borchers v McCarter, 181 Mont 169, 173-175; 592 P2d 941 (1979); Clarkston v Bridge, 273 Or 68, 78-79; 539 P2d 1094 (1975); Dep’t of Social Services v Wright, 736 SW2d 84, 86 (Tenn, 1987); 23 Am Jur 2d, Desertion and Nonsupport, § 135, p 985.
MCL 780.182; MSA 25.225(32).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.