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Posted: Apr 28, 2017, 3:40 PM
According to a recent (1-27-2017) opinion of the US Court of Appeals, 6th Circuit (D.O.; A.O.;R.O. v Glisson, Sec. Cabinet for Health and Family Services, ___US____, No.16-5461 (6th Circuit 2017), reversing a district court’s decision, the Federal Child Welfare Act creates a private right to foster-care maintenance payments enforceable by a foster parent under 42 U.S.C. Sec. 1983.
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Posted: Mar 1, 2017, 10:15 AM
Tuesday, February 28th we had a double Victory Day at the Speaker Law Firm.
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Posted: Jan 30, 2017, 5:00 PM
The Court of Appeals' jurisdiction in post judgment custody appeals has long been a vexing area for family law attorneys.
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Posted: Dec 19, 2016, 10:00 AM
If you’re curious about frivolous defenses and vexatious appeals, the case of Miller v Blue CrossBlue Shield Michigan, No: 326300, unpublished, is worth a read.
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Posted: Dec 14, 2016, 3:10 PM
The probate Court can admit an unsigned will to probate if the proponent of the will establishes, by clear and convincing evidence, that the decedent intended the document to be his or her will. The Michigan Court of Appeals (MCOA) reached this decision in a published opinion (In re Estate of Sabry Mohamed Attia).
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Posted: Nov 10, 2016, 12:10 PM
While parenting time between the preliminary hearing and adjudication and after the termination petition is filed are controlled by court rules (MCR 3.965(C)(7)(a); MCR 3.977(D) ) and statutes (MCL 712A.13a(13) ; MCL712A.19b(4)), visitation after adjudication is controlled by the court.
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Posted: Apr 25, 2016, 11:10 AM
An ex-wife who filed a motion to modify a custody order was not entitled to attorney fees associated with the motion, because she was able to pay her own fees and the fees were not the result of her ex-husband’s failure to obey a court order, the Michigan Court of Appeals has ruled.
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Posted: Apr 19, 2016, 1:35 PM
The Michigan Court of Appeals has peremptorily vacated a trial court order that denied a mother’s motion to transfer a child-custody case from Michigan to Idaho.
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Posted: Apr 11, 2016, 1:05 PM
The Michigan Supreme Court has directed that, when finalizing adoptions, trial courts must use specific language on the record, indicating that no appeal is pending in the underlying termination of parental rights case.
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Posted: Mar 28, 2016, 9:25 AM
Following the most recent blog (In re Jones, blog dated March 21, 2016) about the Supreme Court’s continued interest in the Hatcher rule,the Michigan Court of Appeals has vacated an order terminating a father’s parental rights because the trial court effectively deprived him of an adjudication trial and, as a result, his due process rights were violated.
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Posted: Mar 21, 2016, 10:25 AM
The Michigan Supreme Court has peremptorily vacated the termination of a mother’s parental rights, as well as the Michigan Court of Appeals decision upholding that termination.
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Posted: Feb 12, 2016, 10:00 AM
A recent Michigan Court of Appeals ruling in a child-protection case is a reminder of just how important it is for parties, agencies, and the trial courts to be diligent about locating parents, so they are notified of their hearing dates.
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