COA Reverses And Remands Trial Court Order Terminating Respondent-Mother’s Parental Rights
The COA reversed and remanded a trial court order that terminated mother's parental rights due to two-year child support order compliance period. The COA also affirmed the trial court’s determination that the petitioners had proven MCL 712A.19(3)(f)(ii) by clear and convincing evidence.
No Clear And Convincing Evidence Of Abuse, Termination Of Parental Rights Improper
The trial court erroneously held that statutory grounds for terminating the respondents’ parental rights had been established by clear and convincing evidence.
Termination Of Parental Rights Not Supported By Sufficient Evidence
The trial court’s termination of the respondents’ parental rights must be vacated because, among other things, the statutory factors for termination were not supported by clear and convincing evidence.
Protective Orders Reversed Because Probate Court ‘Put Cart Before Horse’
The Michigan Court of Appeals reversed the protective orders that were issued in these consolidated appeals, ruling the probate court “put the cart before the horse”.
Trial Court Misapplied Burden Of Proof, Custody Change Order Reversed
A Michigan trial court granted the defendant-mother’s motion to change custody after the plaintiff-father had been permitted to relocate with the child to North Dakota.
Elderly Woman Not Mentally Deficient: Conservator Wrongly Appointed
A probate court should not have appointed a conservator for a 74-year-old woman who suffered some minor memory problems and math difficulties.
COA Makes it Easier for Trial Courts to Terminate Parental Rights
The COA held in a published opinion that the trial court does not have to find that termination is in the best interests of the child by clear and convincing evidence but only by a preponderance of the evidence.