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Case Remanded So Trial Court Can Make “Explicit” Best-Interest Findings
Speaker Law Firm 12/21/22 Speaker Law Firm 12/21/22

Case Remanded So Trial Court Can Make “Explicit” Best-Interest Findings

The trial court did not make sufficient findings under each of the best-interest factors, the Michigan COA remanded the case so the trial judge could make “explicit” findings.

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Appeals Court Enters Order Establishing SIJ Status For Guatemalan Child
Speaker Law Firm 12/14/22 Speaker Law Firm 12/14/22

Appeals Court Enters Order Establishing SIJ Status For Guatemalan Child

The MI COA has ruled, for the first time, that the preponderance of the evidence standard applies in Special Immigrant Juvenile proceedings because the statute is silent on this issue.

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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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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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No-Fault Cases Remanded To Determine If Guardian Improperly Delegated Tasks
Speaker Law Firm 11/23/22 Speaker Law Firm 11/23/22

No-Fault Cases Remanded To Determine If Guardian Improperly Delegated Tasks

Even though a guardian may delegate tasks, a question remains in no-fault cases about whether a guardian improperly delegated certain tasks.

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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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6th Circuit Decision In First Amendment Parody Case Appealed To U.S. Supreme Court
Speaker Law Firm 11/9/22 Speaker Law Firm 11/9/22

6th Circuit Decision In First Amendment Parody Case Appealed To U.S. Supreme Court

A First Amendment parody case decided earlier this year by the 6th U.S. Circuit Court of Appeals recently landed on the doorstep of the United States Supreme Court.

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Trial Court Improperly Relied on the Consequences of a Parent’s Voluntary Change of Custody
Speaker Law Firm 10/28/22 Speaker Law Firm 10/28/22

Trial Court Improperly Relied on the Consequences of a Parent’s Voluntary Change of Custody

The trial court improperly relied on the consequences of a parent’s voluntary change of custody as being sufficient to constitute proper cause or a change of circumstances to order a change of custody.

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New Michigan Laws Provide Foster-Care Fixes
Speaker Law Firm 10/26/22 Speaker Law Firm 10/26/22

New Michigan Laws Provide Foster-Care Fixes

Children in Michigan’s foster-care system have more protections under a bipartisan legislative package recently signed into law by Gov. Gretchen Whitmer.

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Trial Court ‘Prematurely’ Ordered Retroactive Modification Of Child Support
Speaker Law Firm 10/19/22 Speaker Law Firm 10/19/22

Trial Court ‘Prematurely’ Ordered Retroactive Modification Of Child Support

The trial court should have completed an evidentiary hearing before ordering a retroactive modification of the plaintiff’s child-support obligation, the Michigan Court of Appeals has ruled.

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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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Continuing Treatment Petition Valid Despite Noncompliance With Statute
Speaker Law Firm 9/21/22 Speaker Law Firm 9/21/22

Continuing Treatment Petition Valid Despite Noncompliance With Statute

The trial court properly denied a motion to dismiss a petition for continuing mental-health treatment, even though the petition did not strictly comply with the statutory requirements.

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Appeals Court: Evidence Did Not Support Dad Moving To Texas With Children
Speaker Law Firm 9/15/22 Speaker Law Firm 9/15/22

Appeals Court: Evidence Did Not Support Dad Moving To Texas With Children

Trial court erroneously granted a father’s motion to move to TX with children because, there was insufficient evidence the children’s lives would be improved by relocating.

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Appeals Court: 2019 No-Fault Insurance Changes Do Not Apply Retroactively
Speaker Law Firm 9/7/22 Speaker Law Firm 9/7/22

Appeals Court: 2019 No-Fault Insurance Changes Do Not Apply Retroactively

The changes to MI’s no-fault law limiting the payment of PIP benefits do not apply to car crash victims who were injured before the 2019 changes went into effect.

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Appeals Court: Non-Resident May Seek Parental Consent Waiver To Abortion In Michigan
Speaker Law Firm 8/31/22 Speaker Law Firm 8/31/22

Appeals Court: Non-Resident May Seek Parental Consent Waiver To Abortion In Michigan

A trial court improperly held that it did not have jurisdiction over a petition for a waiver of parental consent to an abortion, the Michigan Court of Appeals has ruled in a published order.

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COA Vacates and Remands Trial Court’s Order & The $15K Parenting-Time Bond
Speaker Law Firm 8/24/22 Speaker Law Firm 8/24/22

COA Vacates and Remands Trial Court’s Order & The $15K Parenting-Time Bond

The trial court committed clear legal error in Butters v Butters by failing to hold a live hearing where the plaintiff would have the right to present evidence.

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