Revocation Of Parentage Case Remanded To Trial Court For Evidentiary Hearings To Make Appropriate Fact Findings
When a mother seeks to revoke an acknowledgment of parentage based on MCL 722.1445 – due to the child having been conceived by nonconsensual sexual penetration – the three-year limitation period contained in MCL 722.1437 does not apply, nor does the best interest analysis under MCL 722.1443(4) or (13). The case is remanded to the trial court to hold an evidentiary hearing so that it can make the appropriate fact findings under MCL 722.1445 by clear and convincing evidence.
Trial Court Correctly Disallowed Postjudgment Motion To Revoke Paternity
The trial court properly denied the plaintiff’s postjudgment motion to revoke paternity under the Revocation of Paternity Act (ROPA), the Michigan Court of Appeals has ruled.
Mother’s Waiver Correctly Enforced In Later Removal Hearings
The trial court in this child removal case properly accepted the respondent-mother’s waiver of a probable cause hearing and did not err by enforcing that waiver in subsequent proceedings, the Michigan Court of Appeals has ruled.
Evidentiary Hearing Should’ve Been Held In Custody Modification Case
The trial court in this custody matter improperly refused to hold an evidentiary hearing on the plaintiff-mother’s request to modify custody and parenting time, the Michigan Court of Appeals has ruled.
Court of Appeals Affirms Trial Court’s Order Declining To Authorize DHHS’s Petition For Child Protective Proceedings
The Court of Appeals affirmed the Trial Court’s order on the basis that the Trial Court could not take jurisdiction because the minor child is protected under a no-contact order with Respondent and the minor child is living in a fit home environment with the non-respondent mother, who has been protecting the minor child and meeting her needs.
Probate Court Properly Exercised Jurisdiction In Mental Health Code Case
The probate court in this Mental Health Code case properly ordered the respondent to undergo a combined program of hospitalization and outpatient services, the Michigan Court of Appeals has ruled, finding that the probate court had subject-matter jurisdiction over the matter.
Requiring Father To Admit To Drug Use To Avoid Termination Does Not Violate Father's Fifth Amendment Rights
The Trial Court did not clearly err when it determined termination of Respondent-Father’s parental rights was appropriate under MCL 712A.19b(3)(c)(i), (g), and (j) and that termination was in the minor child, KS’, best interests.
Successor Trustee Did Not Breach Terms Of Settlement Agreement
The Michigan COA has ruled the trial court in this probate action correctly held that the terms of a trust settlement agreement were unambiguous and were not breached by the sole successor trustee.
Teacher ‘Voluntarily’ Resigned: Constructive Discharge Claim Properly Dismissed
The trial court properly dismissed the plaintiff-teacher’s constructive discharge claim against the defendant-school district and its human resources director because the teacher’s resignation was “voluntary,” the Michigan Court of Appeals has ruled.
Trial Court Plainly Erred By Not Informing Respondent-Mother Of Her Appellate Rights Following Removal Of Children
The Trial Court plainly erred when it found that Respondent-Mother was not entitled to reasonable efforts to reunify Respondent-Mother with her minor children and when it failed to inform Respondent-Mother of her appellate rights following the Trial Court’s removal of the children from Respondent-Mother’s care.
Trial Judge Who Properly Refused To Hear Criminal Defense Expert’s Testimony Will Not Preside Over Case On Remand
In this ineffective assistance of counsel claim, the trial court correctly refused to allow the testimony of the defendant’s proposed expert on criminal defense practice, the Michigan Court of Appeals has ruled.
Court of Appeals Finds Trial Court Violated Respondent-Husband’s Constitutional Rights
After granting an ex parte PPO, the trial court denied Respondent an opportunity to present evidence in support of his motion to terminate the PPO. The Court of Appeals reversed and remanded for further proceedings.
Mom Convicted Of Shaking Infant To Death Gets New Trial
The Michigan Supreme Court decided the trial court wrongly held that expert testimony on shaken baby syndrome (SBS) was inadmissible under the rules of evidence and, as a result, the defendant is entitled to a new trial.
‘Domicile Provision’ Invalid, Best Interests Of Children Must Be Considered
The Michigan COA ruled, in this custody case, the trial court correctly invalidated the "domicile provision" in the parties' consent judgment of divorce and found that the best interests of the children must be considered before letting the defendant move out-of-state.
Trial Court Did Not Err By Granting Appellee’s Petition For Sole Guardianship
The Trial Court did not err when it granted the Appellee’s petition to be sole guardian of the ward in question, AMMB, despite the Appellant’s multiple challenges to the order in question.
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.