In order to give deference to the decisions of fit parents, it is presumed that a fit parent’s decision to deny grandparenting time does not create a substantial risk of harm to the child’s mental, physical, or emotional health.
Pursuant to MCL 700.5204(2)(b), in order for a court to consider appointing a guardian, a petitioner must first establish that 1) the parent permits the minor child to reside with another person; 2) the parent does not provide the other person with legal authority for the minor’s care and maintenance; and 3) the minor is not residing with his or her parent when the petition is filed.
When a child is in relative placement, a trial court must explicitly address whether termination is appropriate in light of the children’s placement with relatives.
Holding that the issue of grandparent visitation was not properly before the trial court, and agreeing with the plaintiff-mother that when taken as a whole, on this record, the factors "strongly predominate against" any grant of visitation, the...
Concluding that the trial court did not comply with the procedures and requirements set forth in MCL 722.27b, which constituted clear legal error, the court vacated the order for grandparenting time and remanded for the dismissal of the...
