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Family Law Appeals
Civil Appeals
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Jordan Ahlers-Smith
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Elizabeth Parker
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Court Rejects Mom’s ‘Less Restrictive Means’ Argument In Custody Appeal
Speaker Law Firm 5/15/24 Speaker Law Firm 5/15/24

Court Rejects Mom’s ‘Less Restrictive Means’ Argument In Custody Appeal

Trial court properly denied the plaintiff-mother’s objections to the FOC referee’s recommendation that sole legal and physical custody be awarded to the defendant-father.

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Termination Of Mom’s Rights Reversed For Closer Look At Best Interest Factors
Speaker Law Firm 2/28/24 Speaker Law Firm 2/28/24

Termination Of Mom’s Rights Reversed For Closer Look At Best Interest Factors

“We reverse and remand for further proceedings on whether termination is in the children’s best interests,” the Michigan Court of Appeals has ruled.

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Termination Of Mom’s Parental Rights Was In Children’s Best Interests
Speaker Law Firm 2/21/24 Speaker Law Firm 2/21/24

Termination Of Mom’s Parental Rights Was In Children’s Best Interests

The trial court properly terminated the respondent-mother’s parental rights because termination was in the children’s best interests.

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Social Worker’s Disciplinary Action Not ‘Pivotal’ To Termination Of Father’s Parental Rights
Speaker Law Firm 10/4/23 Speaker Law Firm 10/4/23

Social Worker’s Disciplinary Action Not ‘Pivotal’ To Termination Of Father’s Parental Rights

Father’s parental rights properly terminated though the decision to do so was partly based on the testimony of a social worker with disciplinary proceedings.

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Agency Did Not Make Proper Referrals: Mom’s Parental Rights Wrongly Terminated
Speaker Law Firm 6/14/23 Speaker Law Firm 6/14/23

Agency Did Not Make Proper Referrals: Mom’s Parental Rights Wrongly Terminated

The trial court improperly terminated the respondent-mother’s parental rights because DHHS failed to make reasonable efforts to reunify the respondent with her children.

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Trial Court Improperly Imposed Restrictions On Dad’s Parenting Time
Speaker Law Firm 4/26/23 Speaker Law Firm 4/26/23

Trial Court Improperly Imposed Restrictions On Dad’s Parenting Time

The trial court in this case wrongly imposed restrictions on a father’s parenting time of his three minor children, the Michigan Court of Appeals has ruled.

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Dissent: Terminating Parental Rights Was ‘Punitive’ And Not In ‘Anyone’s Best Interests’
Speaker Law Firm 4/19/23 Speaker Law Firm 4/19/23

Dissent: Terminating Parental Rights Was ‘Punitive’ And Not In ‘Anyone’s Best Interests’

The trial court correctly held that the minor children in this case would be harmed if returned to their mother’s care and, as a result, properly terminated her parental rights.

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When Do ‘Aggravated Circumstances’ Exist In Termination Cases? MSC May Soon Decide
Speaker Law Firm 3/2/22 Speaker Law Firm 3/2/22

When Do ‘Aggravated Circumstances’ Exist In Termination Cases? MSC May Soon Decide

The MI SCT is considering whether to hear the case of a mother whose parental rights were terminated after the trial court agreed with the petitioning agency that she had subjected her children to “aggravated circumstances”.

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Majority OKs Termination Of Parental Rights, Dissenter Says ‘Remand Until Criminal Case Resolved’
Speaker Law Firm 7/21/21 Speaker Law Firm 7/21/21

Majority OKs Termination Of Parental Rights, Dissenter Says ‘Remand Until Criminal Case Resolved’

A trial court properly terminated a father’s parental rights to his two older children after the youngest child died because termination was in the older children’s best interests.

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Aunt Remains Juvenile Guardian Although Required Review Hearing Not Held
Speaker Law Firm 12/30/20 Speaker Law Firm 12/30/20

Aunt Remains Juvenile Guardian Although Required Review Hearing Not Held

The trial court did not abuse its discretion by appointing the paternal aunt as the juvenile guardian of the respondent-father’s children.

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Father Waived Best-Interest Hearing: Parental Rights Properly Terminated
Speaker Law Firm 12/9/20 Speaker Law Firm 12/9/20

Father Waived Best-Interest Hearing: Parental Rights Properly Terminated

A trial court did not violate a father’s due process rights and properly terminated his parental rights because the father validly waived his participation in the best-interest hearing.

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