The trial court erred by not conducting an analysis of the parent’s “ability to support” when determining whether such support was “substantial.”

Respondent-father had the ability to provide “consistent support though not ample support” for his children while he was incarcerated but did not do so.

Trial court erred by terminating a father’s parental rights for purposes of a stepparent adoption because there was “no factual basis to clearly and convincingly” support that determination.

The Michigan Supreme Court has voided the COA published decision in In re BMGZ, Minor, a stepparent adoption case where the plaintiffs wanted SIJ status for the minor child.

A mother’s parental rights were properly terminated in this stepparent adoption case because the termination was supported by clear and convincing evidence.

A stepparent adoption petition was properly dismissed, because the mother did not have a court order establishing that she had custody of the child.

Over the past several months Michigan's appellate courts have turned their attention to stepparent adoption cases. These appeals have focused on the application of the statute, MCL 710.51(6), in terminating the rights of natural parents, as well as issues involving statutory interpretation and legislative intent.