Sunday, December 15, 2013

Michigan: appeals Court Dismisses Grandparents Petition Katherine S.

Link for opinion: http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20130611_C306562(38)_RPTR_89d-306562-FINAL.PDF Title: Michigan: Appeals Court dismisses the Grandparents petition for grandparenting time The Michigan Court of Appeals held in Porter v. Hill, 2013 Mich. App. LEXIS 1030 (Mich. Ct. App. June 11, 2013) the grandparents of two minor children whose father had passed away has no grandparenting time, or known as grandparent visitation with the two minor children. The son of the grandparents, the father of the two minor children passed away. At the time of the father’s death he held no legal parent right of the children. His rights as a parent were involuntarily terminated due to his abuse of the children. The father had no input on the two children’s and had a court order as to not have any input on the two children’s lives. This case is between the grandparents and the mother of the two children. The grandparents filed a petition seeking an order for grandparenting time. The mother then filed a motion for summary disposition. The mother argued that the grandparents had no right to have any visitation of the children because the legal standing of the father not being a legal parent. The court agreed with the mother’s argument, which is what caused the grandparents to appeal the case. The outcome of the case is that the grandparents being the father’s parents also gave up their rights as grandparents through the father. The father dying had no change in that fact. The father was not a legal parent, meaning that the grandparents were not legal grandparents and had no right to seek grandparenting time. The court then confirmed the dismal of the grandparent’s petition for grandparenting time.

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