Case Remanded So Trial Court Can Make “Explicit” Best-Interest Findings
The trial court did not make sufficient findings under each of the best-interest factors, the Michigan COA remanded the case so the trial judge could make “explicit” findings.
Appeals Court Enters Order Establishing SIJ Status For Guatemalan Child
The MI COA has ruled, for the first time, that the preponderance of the evidence standard applies in Special Immigrant Juvenile proceedings because the statute is silent on this issue.
Trial Court Properly Denied Mom’s Request To Modify Custody Order
The trial court in this custody case did not err in denying the mother’s petition for primary physical and sole legal custody of the parties’ children, the Michigan Court of Appeals has ruled.
Trial Court Must Re-Examine Mother’s Ineffective Assistance Of Counsel Claim
The Michigan Supreme Court has vacated part of a lower court’s decision that had rejected a mother’s ineffective assistance of counsel claim in her termination of parental rights case.
No-Fault Cases Remanded To Determine If Guardian Improperly Delegated Tasks
Even though a guardian may delegate tasks, a question remains in no-fault cases about whether a guardian improperly delegated certain tasks.
Appeals Court: No Appointed Counsel For Mom In Custody Case
The Michigan Court of Appeals has denied a mother’s request for appointed counsel in her child-custody case.
6th Circuit Decision In First Amendment Parody Case Appealed To U.S. Supreme Court
A First Amendment parody case decided earlier this year by the 6th U.S. Circuit Court of Appeals recently landed on the doorstep of the United States Supreme Court.
Trial Court Improperly Relied on the Consequences of a Parent’s Voluntary Change of Custody
The trial court improperly relied on the consequences of a parent’s voluntary change of custody as being sufficient to constitute proper cause or a change of circumstances to order a change of custody.
New Michigan Laws Provide Foster-Care Fixes
Children in Michigan’s foster-care system have more protections under a bipartisan legislative package recently signed into law by Gov. Gretchen Whitmer.
Trial Court ‘Prematurely’ Ordered Retroactive Modification Of Child Support
The trial court should have completed an evidentiary hearing before ordering a retroactive modification of the plaintiff’s child-support obligation, the Michigan Court of Appeals has ruled.
Prosecutor’s Misstatement Did Not Deny Parents A Fair Adjudication Trial
The respondents in this termination of parental rights case were not denied a fair trial or effective assistance of counsel, the Michigan Court of Appeals has ruled.
State Agency Did Not Act Arbitrarily In Denying Consent To Adopt Child
The Superintendent of the Michigan Children’s Institute did not arbitrarily deny consent for the petitioners to adopt a child for whom they had served as foster parents.
Trial Court Errors Were Not Harmless: Adjudication, Termination & Injunctive Orders Vacated
The trial court erroneously admitted an exhibit that contained hearsay and, as a result, the adjudication, termination order and injunctive order must all be vacated.
Continuing Treatment Petition Valid Despite Noncompliance With Statute
The trial court properly denied a motion to dismiss a petition for continuing mental-health treatment, even though the petition did not strictly comply with the statutory requirements.
Appeals Court: Evidence Did Not Support Dad Moving To Texas With Children
Trial court erroneously granted a father’s motion to move to TX with children because, there was insufficient evidence the children’s lives would be improved by relocating.
Appeals Court: 2019 No-Fault Insurance Changes Do Not Apply Retroactively
The changes to MI’s no-fault law limiting the payment of PIP benefits do not apply to car crash victims who were injured before the 2019 changes went into effect.