Appeals Court: Joint Legal Custody Award ‘Against Great Weight Of Evidence’
The trial court’s decision to award a father joint legal custody must be vacated because the ruling was “against the great weight of the evidence”.
Agency Did Not Make Proper Referrals: Mom’s Parental Rights Wrongly Terminated
The trial court improperly terminated the respondent-mother’s parental rights because DHHS failed to make reasonable efforts to reunify the respondent with her children.
A Father’s Right to Control Custody and Care of His Child Must Yield, at Least Temporarily, to the State’s Interest
A father’s right to control the custody and care of his child must yield, to the state’s interest in preventing upheaval for the child who had been in care with the same foster family for nearly 2 years.
Mandatory Life Sentences For Juvenile Defendants Are Unconstitutional
Sentencing juvenile defendants to life without parole for first-degree murder is “cruel or unusual punishment” in violation of the state Constitution, a divided Michigan Supreme Court has ruled.
Court of Appeals Reversed and Remanded the Trial Court’s Ruling that a Court-Ordered “IME” Was Necessary
The COA reversed and remanded the Trial Court’s ruling that a court-ordered independent medical examination (“IME”) was necessary to look for evidence of sexual assault of a minor.
Trial Court Wrongly Referenced Domestic Violence When Terminating Parental Rights
The trial court properly terminated the respondent-mother’s parental rights because at least one of the statutory termination factors was met.
Plaintiff’s Fraud Did Not Necessitate ROPA Judgment Being Vacated
The trial court in this disputed parentage case properly held that, in light of its finding that the plaintiff had committed fraud on the court.
Mom Notified Two Hours Before Hearing: Child Removal Order Vacated
The trial court’s order removing the minor child from the respondent’s care must be vacated because the respondent was denied her fundamental right to procedural due process.
Termination Petition Cannot Be Dismissed Without A Decision On The Merits
The trial court improperly dismissed an authorized petition to terminate the respondent’s parental rights because it did not issue a decision on the merits of the case.
Interest In Well-Being Of Adult Child ‘Sufficient’ To Not Void Mom’s Auto Policy
An automobile liability policy should not be voided on public policy grounds because the policyholder had a “sufficient” insurable interest, the Michigan Court of Appeals has ruled.
Stepparent Adoption Dismissed Because Mother Didn’t Have A Custody Order
A stepparent adoption petition was properly dismissed, because the mother did not have a court order establishing that she had custody of the child.
Petitioners’ Due Process Rights Were Violated at Adoption Subsidy Hearing
An administrative law judge violated the petitioners’ due process rights by not letting them present their arguments at a hearing on the denial of a support subsidy for their adopted child.
Appeals Court Tosses Claims Filed By Attorney Who Represented Moms In Child-Protective Cases
A trial court properly dismissed defamation and tortious interference claims brought by an attorney who had represented indigent mothers in child-protective proceedings.
Inability To Satisfy Plain-Error Test Doesn’t Shut Down Ineffective Assistance Claim
A defendant’s failure to satisfy the plain-error test regarding a trial court’s alleged error doesn’t, by itself, prohibit the defendant from bringing an ineffective assistance of counsel claim.
Whistleblower Loses at Summary Disposition
The COA in Kevin Smith v City of Flint, a for publication opinion, affirms lower court grant of summary disposition on Plaintiff’s claim under the Whistleblowers’ Protection Act
COA Affirms Trial Court Decision that Defendants Conspired to Defraud Plaintiff Wife
Joy filed for divorce from Robert in 2012 after confirming that Robert had been having an affair with Hansen, during which, Robert gave her over $300K to remodel her East Ellen St. house.