WHEN GRANMA WANTS YOUR KIDS KNOW THERE IS A TUSCOLA Parental presumption.
In a TUSCOLA custody dispute between a parent and a third party with whom there is an established custodial environment, Michigan’s statutory parental presumption, MCL 722.25(1), must be given priority over the established custodial environment presumption, MCL 722.27(1)(c), and the third person must prove by clear and convincing evidence that all relevant factors, taken together, demonstrate that the child’s best interests require placement with the third person. Heltzel v Heltzel, 248 Mich App 1, 638 NW2d 123 (2001). The parental presumption applies and prevails regardless of whether the parent is a fit parent. The natural parent’s fitness is an intrinsic component of the trial court’s evaluation of the best interests factors. Hunter v Hunter, 484 Mich 247, 771 NW2d 694 (2009).
Standing of third persons LIKE A GRANDMOTHER. Who may bring an original action for custody?
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Prospective adoptive parents (the child was placed for adoption with the third person under the adoption laws of Michigan or another state and the placement order is still in effect, and since placement, the child has resided with the third person for at least six months)—yes
Unmarried parents and related third parties (the child’s biological parents were never married; the child’s parent who has custody of the child dies or is missing and the other parent has not been granted legal custody under court order; and the third person is related to the child within the fifth degree by marriage, blood, or adoption)—yes
Guardians: full guardians—yes; temporary guardians—yes; limited guardians—yes, unless the parents have substantially complied with the limited guardianship placement plan
Domestic partners—no
Foster parents—no
Putative father—only if he has established paternity (acknowledgment of paternity is sufficient)
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Thursday, April 21, 2011
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