Speaker Law Firm Wins Appeal for Two Fit Parents Wrongfully Subjected to Grandparenting Time Order | Speaker Law
phone icon email icon
(517) 482-8933

Speaker Law

Speaker Law Firm Wins Appeal for Two Fit Parents Wrongfully Subjected to Grandparenting Time Order

Posted on Thursday, May 17, 2018

The COA issued another published opinion in a grandparenting time case. Geering v Robinson, issued June 13, 2017 (Docket 335794). In that case, the parents had divorced. Although they struggled with some issues post-judgment of divorce, including litigation over parenting time and custody, they eventually resolved their differences and stipulated to a custody and parenting time order. In the meantime, the mother’s father (paternal grandfather) filed a motion for grandparenting time.  The parents submitted an affidavit opposing the grandparenting time. 

According to MCL 722.27b(5) provides that “If 2 fit parents sign an affidavit stating that they both oppose an order for grandparenting time, the court shall dismiss a complaint or motion seeking an order for grandparenting time….” (Emphasis added).  Here, the trial court put the parties through a fitness trial, concluded that the parents were unfit, and awarded grandparenting time.

The COA reversed the trial court’s decision, concluding that the trial court’s decision that the parents were unfit was against the great weight of the evidence.  Although the parents at one point had difficulty communicating with each other, were inconsistent in meting out discipline, were inconsistent in co-parenting, those difficulties had resolved themselves by the time the parents stipulated to parenting time and custody.  There was no evidence in this record that the parents were not adequately caring for their children (that is, there was no evidence they lacked fitness). The COA remanded for dismissal of the grandparenting time motion, as required by statute.

Do you have an appeal?
Let's find out!


Appeals Court: Petition To Change Legal Name Was Wrongly Denied
Apr 14, 2021
The trial court improperly denied the petitioner’s request to chang...
PPO Request Wrongly Denied Based On Res Judicata
Apr 7, 2021
A trial court erred by denying the petitioner’s request for a perso...
COA Reversed Termination of Mom’s Parental Rights After Trial Court Took Jurisdiction Over Minor Child
Mar 31, 2021
The Michigan Court of Appeals affirmed the trial court’s order taki...
Trial Court Properly Gave Interim Effect To Referee’s Order Changing Custody
Mar 24, 2021
A trial court is not prohibited by the court rules from giving inte...



Subscribe to our blog

* indicates required