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Family Law Appeals
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Court Of Appeals Reverses Order Terminating Father’s Parental Rights After DHHS Failed To Implement Case Service Plan
Speaker Law Firm 5/16/25 Speaker Law Firm 5/16/25

Court Of Appeals Reverses Order Terminating Father’s Parental Rights After DHHS Failed To Implement Case Service Plan

The Court of Appeals reversed the trial court's order terminating Respondent's parental rights to minor child GM. The Court reasoned that Petitioner, Department of Health and Human Services (DHHS), failed to create and implement a case service plan for Respondent as required by MCL 712A.18f.

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Court of Appeals Affirms Parents Did Not Abandon Child, DHHS Failed to Make Reasonable Efforts to Remove the Child
Speaker Law Firm 4/17/25 Speaker Law Firm 4/17/25

Court of Appeals Affirms Parents Did Not Abandon Child, DHHS Failed to Make Reasonable Efforts to Remove the Child

Respondent parents did not abandon their child and DHHS failed to make reasonable efforts to remove the child. Therefore, the COA affirmed the trial court’s decision to decline jurisdiction.

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Mother’s Waiver Correctly Enforced In Later Removal Hearings
Speaker Law Firm 10/23/24 Speaker Law Firm 10/23/24

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.

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COA Affirms Trial Court Had Sufficient Evidence to Maintain Jurisdiction Over Minor Child
Speaker Law Firm 6/25/24 Speaker Law Firm 6/25/24

COA Affirms Trial Court Had Sufficient Evidence to Maintain Jurisdiction Over Minor Child

The statutory grounds for jurisdiction were reviewed and were determined that they met by a preponderance of the evidence and the trial court’s decision was affirmed.

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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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Appeals Court Vacates Order Terminating Parental Rights Due to Improperly Serving Respondent
Speaker Law Firm 4/12/24 Speaker Law Firm 4/12/24

Appeals Court Vacates Order Terminating Parental Rights Due to Improperly Serving Respondent

Trial Court’s order for termination of parental rights vacated and remanded due to failure to serve Respondent and failure to offer new hearing.

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U.S. Court of Appeals Says CPS Workers Have Qualified Immunity
Speaker Law Firm 2/15/24 Speaker Law Firm 2/15/24

U.S. Court of Appeals Says CPS Workers Have Qualified Immunity

In a suit regarding temporary removal of custody, the U.S. Court of Appeals found that CPS workers have qualified immunity where no clearly established statutory or constitutional rights exist.

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MSC Declares ‘In Re Holbrook’ Moot, Justices Call For Legislative Reform
Speaker Law Firm 12/13/23 Speaker Law Firm 12/13/23

MSC Declares ‘In Re Holbrook’ Moot, Justices Call For Legislative Reform

The case of In re Holbrook, Minor - which involves alleged parental neglect and the statutory grounds for taking jurisdiction over a minor child - is moot.

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Michigan Appeals Court Split On Termination Of Mom’s Parental Rights
Speaker Law Firm 11/8/23 Speaker Law Firm 11/8/23

Michigan Appeals Court Split On Termination Of Mom’s Parental Rights

Clear and convincing evidence existed to terminate the mother’s parental rights in this case and doing so was in the child’s best interest.

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Mother’s Marijuana Use ‘Overemphasized, ’Parental Rights Reinstated
Speaker Law Firm 11/1/23 Speaker Law Firm 11/1/23

Mother’s Marijuana Use ‘Overemphasized, ’Parental Rights Reinstated

Termination of a mother’s parental rights overruled by Michigan COA, due to trial court overemphasizing the mother’s use of marijuana.

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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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MSC: Trial Court Must Determine Whether Child Jurisdiction Case Is Moot
Speaker Law Firm 8/30/23 Speaker Law Firm 8/30/23

MSC: Trial Court Must Determine Whether Child Jurisdiction Case Is Moot

The Michigan Supreme Court has remanded the case of In re Holbrook, Minor for a hearing to determine whether the case has become moot.

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Trial Court Erred in Granting the Respondent a Directed Verdict During a Child Protective Proceeding Bench Trial
Speaker Law Firm 6/23/23 Speaker Law Firm 6/23/23

Trial Court Erred in Granting the Respondent a Directed Verdict During a Child Protective Proceeding Bench Trial

The trial court erred in granting the respondent a directed verdict during a child protective proceeding bench trial because the court rules limit directed verdicts to jury trials

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Trial Court Must Re-Examine Mother’s Ineffective Assistance Of Counsel Claim
Speaker Law Firm 11/30/22 Speaker Law Firm 11/30/22

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.

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Appeals Court: No Appointed Counsel For Mom In Custody Case
Speaker Law Firm 11/16/22 Speaker Law Firm 11/16/22

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.

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DHHS Sufficiently Made ‘Some Efforts’ To Avoid Removal Of Children
Speaker Law Firm 4/27/22 Speaker Law Firm 4/27/22

DHHS Sufficiently Made ‘Some Efforts’ To Avoid Removal Of Children

The trial court in this child-protective proceeding correctly placed the mother’s children under its jurisdiction because “some efforts” were made by DHHS to prevent removal of the children.

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