375884•COA 375884 QUINCY DEMETRIC JONES V MAKIAH HOPE BEVER Opinion - Per Curiam - Unpublished 12/18/2025
COA 375884 QUINCY DEMETRIC JONES V MAKIAH HOPE BEVER Opinion - Per Curiam - Unpublished 12/18/2025
375884Court Of Appeals18 déc. 2025
Texte intégral
If this opinion indicates that it is “FOR PUBLICATION,” it is subject to
revision until final publication in the Michigan Appeals Reports.
-1-
S T A T E O F M I C H I G A N
C O U R T O F A P P E A L S
QUINCY DEMETRIC JONES,
Plaintiff/Counterdefendant-Appellee,
UNPUBLISHED
December 18, 2025
1:23 PM
v No. 375884
Midland Circuit Court
MAKIAH HOPE BEVER, also known as MAKIAH
ROSS,
LC No. 23-002248-DC
20-007452-DP
Defendant/Counterplaintiff-Appellant,
and
RYLAND BEVER,
Defendant/Counterplaintiff.
Before: SWARTZLE, P.J., and O’BRIEN and BAZZI, JJ.
PER CURIAM.
This case involves a child and her parentage, conception, and best interests under the
Revocation of Parentage Act (RPA), MCL 722.1431. When the child was born, appellant Makiah
Bever, formerly Makiah Ross, indicated that her then-boyfriend and now husband was the child’s
father, and he signed the acknowledgment of parentage. Appellee Quincy Jones then alleged that
he was the child’s biological father. After a DNA test indicated that Jones was the biological
father, the trial court’s order of filiation revoked Bever’s husband’s acknowledgment of parentage
and established Jones as the child’s father. Because the trial court’s factual findings were
insufficient for appellate review, we vacate and remand for further proceedings.
I. BACKGROUND
In March 2017, Bever and her now-husband were in a romantic relationship and worked at
the same place of business. Jones was also one of their coworkers. Bever asserted that, before
March 2017, she was friendly with Jones and even associated with him outside of work on one
occasion, but she denied that they were anything more than friends. It is not disputed that Bever
-- 1 of 6 --
-2-
agreed to meet Jones outside a closed restaurant in March 2017, but Bever contended that she
believed that they were just going to talk, consistent with the previous time they had associated
outside of work. It is also not disputed that Bever and Jones had sexual intercourse on this
occasion, but the parties disagree on the circumstances. Bever alleged that Jones raped her,
following which she left as quickly as possible and thereafter limited her interactions with Jones;
she did not report the incident to law enforcement or to her then-boyfriend because she was scared
and “wanted to forget that anything had happened.” Jones has a different perspective and claims
that the encounter was consensual and that he was in an intimate relationship with Bever for
months, including having intercourse on multiple occasions until Bever was eight months
pregnant.
Several weeks after the March 2017 incident, Bever discovered that she was pregnant and
contacted Jones to confirm that he had a vasectomy. Bever also contemplated an abortion because
she was afraid Jones might be the father, but decided to give birth to the child, and her husband
signed the acknowledgment of parentage. When the child was less than a year old, Jones asked
Bever for a DNA test. Bever delayed the testing because she wanted Jones to leave her and her
family alone. Jones eventually told Bever’s husband that he might be the child’s father, at which
time Bever told her husband that Jones had raped her. When the child was approximately two
years old, Bever blocked Jones on her phone.
Jones commenced this action when the child was just under three years old. A genetic test
was finally obtained, showing that Jones was the child’s biological father. The trial court entered
a stipulated order revoking Bever’s husband’s acknowledgment of paternity and establishing Jones
as the child’s father. That order was then set aside because the trial court determined that Bever
was a necessary party and was absent as a party in the action.
Bever filed a counter-claim for acknowledgment of paternity, arguing that Jones was
ineligible to be the child’s father under MCL 722.1445 because the child was conceived as a result
of nonconsensual sexual penetration. She also moved for relief from the stipulated custody order
that the trial court had entered because the order establishing Jones as the father was set aside.
After a hearing, the trial court denied Bever’s motion for relief from judgment. In its opinion, after
summarizing the parties’ testimony and evidence, the trial court stated that, based on the testimony
presented, it did not find by clear and convincing evidence that the child was conceived as a result
of nonconsensual sexual penetration. It therefore reinstated the order that Jones was the child’s
father.
Bever then moved for the trial court to reconsider its order, arguing that the trial court erred
by not making a best-interest analysis under MCL 722.1443(4) when reinstating its order. The
trial court denied Bever’s motion for reconsideration, finding that it did not err when it did not
make findings under MCL 722.1443(4) because it was simply reinstating the stipulated order, not
refusing to enter an order. Because Bever requested further proceedings to determine the child’s
best interests, the trial court nevertheless examined the child’s best interest in its decision on the
motion for reconsideration. The trial court acknowledged that Jones had sought to be part of the
child’s life and that Bever prevented Jones’s involvement, allegedly because of the sexual assault
that she did not report. Further, the trial court acknowledged that “there is undoubtedly a strong
relationship” between the child and Bever’s husband and that at seven years old, introducing Jones
as her father would likely be “disruptive to her life.” But, the trial court found that it would be in
-- 2 of 6 --
-3-
the child’s best interest to be united with Jones, emphasizing that Jones sought to be a part of the
child’s life only to be hindered by Bever.
The trial court entered an order of filiation in favor of Jones, and this appeal followed.
II. ANALYSIS
A. THE REVOCATION OF PARENTAGE ACT
Under the RPA, an alleged father may file an action for revocation of an acknowledgment
of parentage within 3 years after the child’s birth or within 1 year after the acknowledgment of
parentage was signed. MCL 722.1437(1). If the alleged father proves, by clear and convincing
evidence, that he is the child’s father, then the trial court may make a determination of paternity
and enter an order of filiation. MCL 722.1445(1). Clear and convincing evidence must lead the
trier of fact to “a firm belief or conviction as to the truth of the allegations sought to be established,
evidence so clear, direct and weighty and convincing as to enable the factfinder to come to a clear
conviction, without hesitancy, of the truth of the precise facts in issue.” In re Martin, 450 Mich
204, 227; 538 NW2d 399 (1995) (cleaned up).
But, a determination of paternity or order of filiation under MCL 722.1445(1) can be
impeded by the mother if she brings an action under MCL 722.1445(2) to vindicate “the
Legislative policy determination that rapists should not have parental rights to the children they
father through rape.” Blackman v Millward, ___ Mich App ___, ___; ___ NW3d ___ (2024)
(Docket No. 367240); slip op at 9-10. If the mother, after a fact-finding hearing, proves by clear
and convincing evidence that the child was conceived as a result of nonconsensual sexual
penetration, then the trial court must do one of the following: (a) revoke an acknowledgment of
parentage for an acknowledged father; (b) determine that a genetic father is not the child’s father;
(c) set aside an order of filiation for an affiliated father; or (d) make a determination of paternity
regarding an alleged father and enter an order of revocation of parentage for that alleged father.
MCL 722.1445(2); MCL 722.1443(2).
The trial court “may refuse to enter an order setting aside a parentage determination,
revoking an acknowledgment of parentage, [or] determining that a genetic father is not a child’s
father.” MCL 722.1443(4). But to do so, it must find evidence that the order would not be in the
best interests of the child, considering the factors in MCL 722.1443(4), including the child’s age
and relationship with the alleged father. Any refusal to enter such order must be accompanied by
the trial court’s reasoning on the record. Id.
B. BEST INTERESTS
Bever argues that the trial court was required under MCL 722.1443(4) to hold an
evidentiary hearing to determine the child’s best interest. The Court reviews for clear error a trial
court’s factual findings under the RPA and reviews de novo the statutory construction of the RPA.
Sprenger v Bickle, 307 Mich App 411, 417-418; 861 NW2d 52 (2014). Clear error occurred if the
Court “is firmly and definitely convinced that a mistake was made.” Id. at 418. Appellate review
of a trial court’s factual findings is not limited to clear error if the trial court’s finding was
-- 3 of 6 --
-4-
influenced by an incorrect view of the law or an erroneous application of the law to the facts.
Beason v Beason, 435 Mich 791, 804-805; 460 NW2d 207 (1990).
The trial court believed it was not required to make best-interest findings because it was
not refusing to enter an order, but instead was reinstating the order that Jones was the father. But
the trial court overlooked that Bever had requested that the trial court determine that Jones, the
child’s genetic father, was not the child’s father under MCL 722.1443(2)(b). In denying her
request, the trial court was also effectively refusing to set aside an order of filiation or paternity
that established Jones as the legal father, MCL 722.1443(2)(c). The trial court essentially refused
to enter Bever’s requested orders without a finding of best interests and without stating its reasons
on the record.
Although the trial court did make best-interest findings, those findings were made in its
decision on Bever’s motion for reconsideration while assuming that such findings were
unnecessary. Although MCL 722.1443 does not mention an evidentiary hearing, the trial court
must make a finding based on evidence that the order would not be in the best interests of the child
while considering the factors in MCL 722.1443(4), and must state the reasons for refusing to enter
such an order on the record. Generally, a trial court’s factual findings do not need to be detailed,
Ford Motor Co v Dep’t of Treasury, 313 Mich App 572, 589; 884 NW2d 587 (2015), but, if the
explanation is not sufficient to facilitate meaningful appellate review, then remand is proper for
more complete and specific findings of facts. Ray v Mason Co Drain Comm’r, 393 Mich 294,
302; 224 NW2d 883 (1975); Woodington v Shokoohi, 288 Mich App 352, 357; 792 NW2d 63
(2010).
Here, the trial court’s analysis of the child’s best interests, made during a decision on
reconsideration and while assuming that such analysis need not be made, did not provide sufficient
findings of fact and statements of reasoning for this Court to review its decision. As a reminder,
in “cases involving children, the focus is always on their best interests.” Helton v Beaman, 304
Mich App 97, 119-120; 850 NW2d 515 (2014) (K.F. KELLY, J., concurring); Helton v Beaman,
497 Mich 1001; 861 NW2d 621, 622 (2015) (“For the reasons explained in section II of the
concurring opinion, . . .”). Although the trial court, in its best-interests analysis, may consider
other factors that it deems appropriate and “that may affect the equities arising from the disruption
of the parent-child relationship,” the other factors in MCL 722.1443(4) emphasize the child: the
child’s relationships, the child’s age, and the harm that may result to the child.
The trial court’s focus was on Jones’s desire to be involved in the child’s life and Bever’s
attempts to prevent his involvement; such analysis may be relevant but does not alone establish
that it is in the child’s best interests not to set aside the determination that Jones is the father. When
focusing on the child, the trial court mentioned aspects that would negate best interests if Jones
was left as the father. The trial court mentioned that there was “undoubtedly a strong relationship
between” the child and Bever’s husband, that the child was then seven years old, and that the child
would likely experience disruption by the change in father. But it then concluded that it was in
the child’s “best interests to be reunited with her biological father who has been fighting to be
involved in her life since shortly after she was born.” The trial court’s opinion did not meet the
MCL 722.1443(4) requirements for findings of fact or statements of reasons. We therefore vacate
the trial court’s order of filiation and remand the matter for a proper analysis of the child’s best
interests.
-- 4 of 6 --
-5-
C. NONCONSENSUAL SEXUAL PENETRATION
Further, Bever argues that the trial court erred in its factual findings regarding
nonconsensual sexual penetration. Again, we review for clear error the trial court’s factual
findings. Sprenger, 307 Mich App at 417-418. Under MCL 722.1445(2), if Bever proved “by
clear and convincing evidence that the child was conceived as a result of nonconsensual sexual
penetration,” then the trial court was required to “determine that a genetic father is not the child’s
father,” “set aside an order of filiation for an affiliated father,” or “make a determination of
paternity regarding an alleged father and enter an order of revocation of parentage for that alleged
father.” MCL 722.1445(2).
The trial court did not explain why it found that Bever failed to prove that the child was
conceived by nonconsensual sexual penetration. Its analysis was simply a continuation of the
background section without applying the law to any findings of fact. The trial court simply
concluded that it did not find by clear and convincing evidence that the child was conceived as a
result of nonconsensual sexual penetration based “upon the testimony presented.” Although we
defer to the trial court’s superior ability to evaluate the credibility of the individuals who appeared
before it, the trial court may not “insulate findings from review by denominating them credibility
determinations.” Beason, 435 Mich at 804 (cleaned up).
It appears that the trial court primarily found Bever not credible based on Facebook
communications between Jones and Bever that, in the trial court’s words, “clearly rebuts [Bever’s]
claim that she had no contact with Jones after the alleged March 2017 incident.” A review of the
record on appeal does not seem to show that Bever made a claim that she had no contact with
Jones. Instead, Bever testified that she did not socialize with Jones further, but she continued to
interact with Jones at work only as needed and contacted Jones to confirm whether he had a
vascectomy. But, it is unclear from the trial court’s opinion exactly its reasonings and findings.
Like the trial court’s findings of best interests, the Court cannot review the trial court’s
findings and decision relating to the nonconsensual sexual penetration based on the record made.
Because the Court is an error-correcting court, not a fact-finding court, Apex Laboratories Int’l
Inc v City of Detroit, 331 Mich App 1, 10; 951 NW2d 45 (2020), we will not make this
determination ourselves, as Bever requests, but instead, the trial court must make the decision on
remand.
III. CONCLUSION
The trial court’s order of filiation is vacated and the matter is remanded. On remand, if the
trial court again finds that Bever has not proved by clear and convincing evidence that the child
was conceived as a result of nonconsensual sexual penetration, then it must take evidence and
make factual findings regarding the child’s best interests with a proper focus on the child’s interests
rather than on Jones’s interests. In re Moss, 301 Mich App 76, 87-88; 836 NW2d 182 (2013).
When the trial court makes its decision, its findings need not be overly detailed, Ford Motor Co,
313 Mich App at 589, but should be sufficiently explained such that this Court can meaningfully
-- 5 of 6 --
-6-
review them if this case returns to us on appeal, Woodington, 288 Mich App at 357.
Vacated and remanded. We do not retain jurisdiction.
/s/ Brock A. Swartzle
/s/ Colleen A. O’Brien
/s/ Mariam S. Bazzi
-- 6 of 6 --
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.