Revocation Of Parentage Case Remanded To Trial Court For Evidentiary Hearings To Make Appropriate Fact Findings
When a mother seeks to revoke an acknowledgment of parentage based on MCL 722.1445 – due to the child having been conceived by nonconsensual sexual penetration – the three-year limitation period contained in MCL 722.1437 does not apply, nor does the best interest analysis under MCL 722.1443(4) or (13). The case is remanded to the trial court to hold an evidentiary hearing so that it can make the appropriate fact findings under MCL 722.1445 by clear and convincing evidence.
Requiring Father To Admit To Drug Use To Avoid Termination Does Not Violate Father's Fifth Amendment Rights
The Trial Court did not clearly err when it determined termination of Respondent-Father’s parental rights was appropriate under MCL 712A.19b(3)(c)(i), (g), and (j) and that termination was in the minor child, KS’, best interests.
Trial Court Used Outdated Definition Of ‘Relative’ When Terminating Mom’s Parental Rights
Trial court relied on an outdated statutory definition of “relative” when deciding to terminate a mother’s parental rights.
Court of Appeals Paves the Way for Transgender Treatment of Transitioning Child
Based on a father’s non-compliance with medical recommendations to treat the child’s gender dysmorphia and suicidal ideation, the COA found there was proper cause to reconsider custody.
MSC Denies Appeal In Termination Of Parental Rights Case
The Michigan Supreme Court will not hear the appeal in a termination of parental rights case.
Appeals Court: Dad’s Paternity Rights Properly Revoked
The trial court in this case properly revoked the father’s paternity to the minor child under the Revocation of Paternity Act (ROPA), the Michigan COA ruled.
Michigan Appeals Court Split On Termination Of Mom’s Parental Rights
Clear and convincing evidence existed to terminate the mother’s parental rights in this case and doing so was in the child’s best interest.
Trial Court Correctly Denied the Defendant’s Motion to Change Domicile to a Foreign County
Defendant’s motion to change domicile to a foreign county would alter the established custodial environment with one parent and is not in the best interests of the child.
Appeals Court: DHHS Made Reasonable Reunification Efforts During COVID-19
DHHS made reasonable efforts to reunify the respondent-parents with their child despite the challenges presented by the COVID-19 pandemic
Second Appeal: Mom Properly Awarded Sole Physical Custody Of Children
The trial court properly modified the original custody order in this case to award the plaintiff-mother sole physical custody of the parties’ minor children.
Trial Court Interfered With Parent’s Right To Question Guardian Ad Litem About Report
In this parenting-time dispute, the trial court improperly 1) treated the guardian ad litem (GAL) as a lawyer-guardian ad litem (LGAL) and 2) denied the parties’ right to question the GAL at a hearing.
Mother’s Parental Rights Properly Terminated So Stepparent Adoption Could Proceed
A mother’s parental rights were properly terminated in this stepparent adoption case because the termination was supported by clear and convincing evidence.
Court of Appeals: Trial Court Made Correct Schooling Decision
The trial court’s decision regarding the minor child’s schooling was appropriate because the court did not abuse its discretion in changing the child’s established custodial environment.
L-GAL Removed For Overstepping Agreed-Upon Boundaries
The trial court’s order denying the plaintiff-father’s motion to remove the lawyer-guardian ad litem (L-GAL) from this custody case is reversed and the matter is remanded for an evidentiary hearing.
Vaccination Is In Child’s Best Interests, Rules Michigan Court of Appeals
A trial court properly issued an order requiring that the parties’ child be vaccinated by a pediatrician and for the parties to select a new, mutually agreeable pediatrician for the child.
MSC: Trial Court Must Consider Guardianship For Children Under Age 10
A trial court must examine whether terminating a mother’s parental rights was in the best interests of each child – including whether a guardianship with the maternal grandmother is appropriate.