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Family Law Appeals
Civil Appeals
Probate Appeals
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Jordan Ahlers-Smith
Lisa Schmidt
Elizabeth Parker
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Mother’s Parental Rights Properly Terminated So Stepparent Adoption Could Proceed
Speaker Law Firm 8/19/20 Speaker Law Firm 8/19/20

Mother’s Parental Rights Properly Terminated So Stepparent Adoption Could Proceed

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

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Michigan Supreme Court: Adoptions Take Priority Over Paternity Actions Unless There’s “Good Cause”
Speaker Law Firm 11/27/19 Speaker Law Firm 11/27/19

Michigan Supreme Court: Adoptions Take Priority Over Paternity Actions Unless There’s “Good Cause”

Adoption appeals frequently involve situations that require immediate action by the courts, which means emergency motions must be filed.

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Stepparent Adoption Dismissed Because Mother Didn’t Have A Custody Order
Speaker Law Firm 8/21/19 Speaker Law Firm 8/21/19

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.

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Recent Appellate Rulings Create Concern For Michigan Adoptions
Speaker Law Firm 4/25/18 Speaker Law Firm 4/25/18

Recent Appellate Rulings Create Concern For Michigan Adoptions

The rulings are concerning for prospective adoptive parents because they allow putative fathers to stop an adoption in its tracks, by obtaining an order of filiation from the trial court.

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Court of Appeals Hold that Adoption is Moot After Order of Filiation Entered
Speaker Law Firm 11/29/17 Speaker Law Firm 11/29/17

Court of Appeals Hold that Adoption is Moot After Order of Filiation Entered

In In re LMB, the Court of Appeals held that entry of an order of filiation while an adoption appeal was pending mooted the adoption appeal.

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The Court of Appeals Holds That a Putative Father May Be Unfit or Unable to Properly Care for His Child Due to Incarceration
Speaker Law Firm 12/2/16 Speaker Law Firm 12/2/16

The Court of Appeals Holds That a Putative Father May Be Unfit or Unable to Properly Care for His Child Due to Incarceration

A parent’s rights may not be terminated solely on the basis of parental incarceration in a Juvenile Code case - also applied to an Adoption Code case.

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COA "Adopts" Use of Stays in the Battle of Paternity Act vs. Adoption Code
Speaker Law Firm 12/23/09 Speaker Law Firm 12/23/09

COA "Adopts" Use of Stays in the Battle of Paternity Act vs. Adoption Code

The COA released a published opinion providing some clarification on whether paternity actions can ever take precedence over adoption proceedings.

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COA Directs Trial Court to Mind Its "l's" and "m's"--PUBLISHED OPINION
Speaker Law Firm 10/28/09 Speaker Law Firm 10/28/09

COA Directs Trial Court to Mind Its "l's" and "m's"--PUBLISHED OPINION

In a published decision, the COA found that the Kent County Circuit Court erred in terminating a mother's parental rights under MCL 712A.19b(3)(l), where the mother had voluntarily released her rights to a different child under the Adoption Code.

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COA Puts Brakes on Step-Parent Adoption; Reverses TPR
Speaker Law Firm 4/23/08 Speaker Law Firm 4/23/08

COA Puts Brakes on Step-Parent Adoption; Reverses TPR

In the case In re Michael Robert Benbow III, Minor, the COA reversed an order of the Clinton County Family Court terminating a father’s parental rights in a step-parent adoption case.

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