The Court of Appeals affirmed the Trial Court’s order, holding that MCR 2.612 applies in adoption proceedings. Further, the Trial Court properly vacated its order terminating respondent-father’s parental rights under MCR 2.612(C)(1)(a) because the court made a material mistake of fact when it entered the original termination order.

Respondent-father had the ability to provide “consistent support though not ample support” for his children while he was incarcerated but did not do so.

Trial court erred by terminating a father’s parental rights for purposes of a stepparent adoption because there was “no factual basis to clearly and convincingly” support that determination.

The Michigan Supreme Court has voided the COA published decision in In re BMGZ, Minor, a stepparent adoption case where the plaintiffs wanted SIJ status for the minor child.

The Court of Appeals upheld the trial court decision to set aside the stepparent adoption of KJS due to the parties’ significant and positive fraud.

Over the past several months Michigan's appellate courts have turned their attention to stepparent adoption cases. These appeals have focused on the application of the statute, MCL 710.51(6), in terminating the rights of natural parents, as well as issues involving statutory interpretation and legislative intent.

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.