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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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Lisa Schmidt
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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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Justices Order Appointment Of Appellate Counsel In Termination Case
Speaker Law Firm 5/8/24 Speaker Law Firm 5/8/24

Justices Order Appointment Of Appellate Counsel In Termination Case

The MI Supreme Court has ordered the Ingham County Circuit Court to appoint appellate counsel for the respondents in a termination of parental rights case.

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After Divorce, Ex-Husband Gets Frozen Embryo
Speaker Law Firm 1/17/24 Speaker Law Firm 1/17/24

After Divorce, Ex-Husband Gets Frozen Embryo

The trial court properly awarded the divorced parties’ one remaining frozen embryo to the ex-husband, a split Michigan Court of Appeals has ruled.

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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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No Clear And Convincing Evidence Of Abuse, Termination Of Parental Rights Improper
Speaker Law Firm 10/18/23 Speaker Law Firm 10/18/23

No Clear And Convincing Evidence Of Abuse, Termination Of Parental Rights Improper

The trial court erroneously held that statutory grounds for terminating the respondents’ parental rights had been established by clear and convincing evidence.

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Termination Of Parental Rights Not Supported By Sufficient Evidence
Speaker Law Firm 9/20/23 Speaker Law Firm 9/20/23

Termination Of Parental Rights Not Supported By Sufficient Evidence

The trial court’s termination of the respondents’ parental rights must be vacated because, among other things, the statutory factors for termination were not supported by clear and convincing evidence.

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Trial Court Did Not Determine ‘Reasonableness’ Of Requested Attorney Fees
Speaker Law Firm 8/9/23 Speaker Law Firm 8/9/23

Trial Court Did Not Determine ‘Reasonableness’ Of Requested Attorney Fees

An attorney fee award in this divorce action must be vacated, the Michigan Court of Appeals has ruled, because the trial court did not make a finding as to whether the requested fee was reasonable.

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The Trial Court Properly Declined to Authorize DHHS’s Petition to Terminate Parental Rights
Speaker Law Firm 5/22/23 Speaker Law Firm 5/22/23

The Trial Court Properly Declined to Authorize DHHS’s Petition to Terminate Parental Rights

DHHS’s petition to terminate parental rights was declined because the petition did not establish probable cause that the father posed a substantial risk of harm to the children’s mental well-being.

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Appeals Court: Father Did Not ‘Forfeit’ His Objections To FOC Recommendations
Speaker Law Firm 4/5/23 Speaker Law Firm 4/5/23

Appeals Court: Father Did Not ‘Forfeit’ His Objections To FOC Recommendations

The trial court improperly held that the plaintiff forfeited his objections to the FOC referee’s recommendations and went ahead and adopted the referee’s recommendations.

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Trial Court Properly Denied Mom’s Request To Modify Custody Order
Speaker Law Firm 12/7/22 Speaker Law Firm 12/7/22

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.

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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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Prosecutor’s Misstatement Did Not Deny Parents A Fair Adjudication Trial
Speaker Law Firm 10/12/22 Speaker Law Firm 10/12/22

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.

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State Agency Did Not Act Arbitrarily In Denying Consent To Adopt Child
Speaker Law Firm 10/5/22 Speaker Law Firm 10/5/22

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.

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Trial Court Errors Were Not Harmless: Adjudication, Termination & Injunctive Orders Vacated
Speaker Law Firm 9/28/22 Speaker Law Firm 9/28/22

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.

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Appeals Court: DHHS Made Reasonable Reunification Efforts During COVID-19
Speaker Law Firm 5/25/22 Speaker Law Firm 5/25/22

Appeals Court: DHHS Made Reasonable Reunification Efforts During COVID-19

DHHS made reasonable efforts to reunify the respondent-parents with their child despite the challenges presented by the COVID-19 pandemic

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