Trial Court Wrongly Awarded Custody To Third Party With ‘No Legal Rights’
The trial court “committed clear legal error” in this custody case by not applying the “parental presumption” or making the required best-interest determination before ordering that the plaintiff-mother’s child remain with the defendant, a putative father who had no legal rights to the child.
Former Same-Sex Partner Does Not Have Standing To Bring Custody Action
The trial court in this equitable-parent doctrine case correctly ruled the plaintiff did not establish, by a preponderance of the evidence, that she and the defendant would have married but for the then-existing ban on same-sex marriage, the Michigan COA decided.