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Posted: Nov 13, 2019, 2:30 PM
Child custody cases regularly require the filing of an emergency motion – which is what happened in Brenner v Kerkstra (Docket No. 346078). In Brenner, the appeal by right deadline had been missed, leaving an application for leave to appeal as the only option for appellate review.
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Posted: Nov 6, 2019, 11:35 AM
In Palmer, the plaintiff and the defendant were never married and had one child together, AP. The Gratiot County Circuit Court had previously granted the plaintiff sole legal and physical custody of AP; had granted the defendant reasonable supervised parenting time with no overnights; and had permitted the plaintiff to move with AP to North Dakota, where he had secured a higher-paying job.
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Posted: Oct 16, 2019, 11:15 AM
In Slocum v Floyd, the defendant was divorced from the plaintiffs’ son. After the divorce, the plaintiffs’ son had primary physical custody of the children and both parents shared legal custody. The plaintiffs’ son later remarried but died in a motorcycle accident. After their son’s death, the plaintiffs filed emergency petitions seeking a temporary guardianship over the children.
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Posted: Oct 9, 2019, 10:55 AM
In Luna v Regnier, the Tuscola County Circuit Court completely suspended the mother’s parenting time with her children, finding there was clear and convincing evidence the children’s mental and emotional health was endangered by allowing her to visit with them.
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Posted: Aug 28, 2019, 11:05 AM
In In re AMR (Docket No. 344560), the petitioner-mother and the respondent-father were never married and had one child, AMR, together in 2013. When the petitioner married Adam Dizotell in 2017, she filed a petition to terminate the respondent’s parental rights so that Dizotell could adopt AMR.
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Posted: Mar 27, 2019, 3:25 PM
Although a trial court properly terminated the parental rights of a mother and a father under MCL 712A.19b(3)(c)(i) and (g), the termination of the mother’s rights under a best interests analysis must be vacated because the trial court did not address the child’s placement with a relative, the Michigan Court of Appeals recently ruled.
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Posted: Dec 28, 2017, 11:30 AM
In the matter of In re B. Hadd, Minor, No: 337095, 337097, the termination of parental rights of both parents by the lower court was upheld by the Michigan Court of Appeals (MCOA). The application of the MCOA order is being held in abeyance pursuant to the order of the Michigan Supreme Court, SC: 156604 because the Court believes the decision in the case of In re Hill, Minors (No.155152) presently before it may resolve a similar issue raised in the Hadd application for leave to appeal.
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Posted: Sep 26, 2017, 3:45 PM
In the case of Shimel v. McKinley, (DocketNo. 329144), the Michigan Court of Appeals remanded the matter to the trial court because the order changing the child’s school district altered the joint-custodian’s parenting time from every other week to alternating weekends and resulted in a change in the child’s custodial environment which requires the moving party to prove by clear and convincing evidence that the change was in the child’s best interests.
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Posted: Aug 28, 2017, 4:50 PM
The Michigan legislature is trying to pass legislation called the Michigan Shared Parenting Act, HB 4691, http://www.legislature.mi.gov/(S(2bjmoemzoxqbnuuhgn2vbgxb))/mileg.aspx?page=GetObject&objectname=2017-HB-4691, which completely throws out over 30 years of statute and case law, and favors consistency (in the form of joint custody for all cases) over the best interests of the children.
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Posted: Mar 4, 2016, 2:15 PM
The Michigan Supreme Court recently refused to hear the appeal in In re Maes (Docket No. 152973). The denial of leave in Maes means that significant flaws in appellate case precedent have now been left intact, impacting hundreds of parental rights proceedings.
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Posted: Feb 5, 2014, 3:35 PM
The Court of Appeals issued a real head scratcher today in Helton v Beaman.
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Posted: Jan 24, 2013, 9:00 PM
Same-sex marriages and adoptions continue to reach the Michigan appellate courts. A parent in a former same-sex relationship challenged the other parent’s custodial rights by arguing that the probate court who granted the adoption lacked subject matter jurisdiction because it was same-sex adoption.
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Posted: Apr 18, 2008, 11:00 AM
In Powery v Wells, the COA affirmed a trial court’s order changing custody of a minor child based on the mother’s move from Ludington to Traverse City.
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