Recent Michigan Abuse Neglect opinions.

FLINT CITIZEN- By: Terry Bankert
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Date:04/23/2006
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Issues: Termination of parental rights; Whether the trial court
erred in refusing to admit evidence from petitioner's file regarding
alcohol use by the child's paternal grandmother (the child's foster
mother); Best interests of the child
1. Court: Michigan Court of Appeals (Unpublished)
Case Name: In re Chiddister
e-Journal Number: 31473
Judge(s): Memorandum - Murphy, O'Connell, and Murray
The trial court properly terminated the respondent-mother's parental
rights to the minor child. Respondent claimed the trial court erred
in refusing to admit evidence from petitioner's file regarding
alcohol use by the child's paternal grandmother, who also acted as
the child's foster mother. The evidence regarding alcohol use by the
child's grandmother was not relevant to whether a statutory ground
for termination was proven by clear and convincing evidence because
the evidence did not relate to respondent. While a child's placement
may conceivably be relevant to whether termination is contrary to a
child's best interests, the court found no reversible error in the
trial court's ruling. The challenged evidence merely reflected the
grandmother's decision not to abstain totally from alcohol, and
there was sufficient evidence of respondent's inability to provide a
stable home for her son. Therefore, any error in the trial court's
ruling did not prejudice respondent. The evidence clearly
demonstrated respondent failed to comply with the services offered
to her. Affirmed.
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Issues: Termination of parental rights; Best interests of the
children
Court: Michigan Court of Appeals (Unpublished)
Case Name: In re Hall
e-Journal Number: 31471
Judge(s): Memorandum - Murphy, O'Connell, and Murray
The trial court properly terminated the respondent-mother's parental
rights to the six minor children. The children were removed in 2002
after their father, respondent's husband, was arrested for sexually
abusing their older half-sister. Later, it was revealed he also
sexually abused several of his own children and physically abused
respondent and the minor children. The children have been in therapy
to overcome the effects of the severe abuse. However, respondent
wavered in her belief the abuse really happened, causing the
children much distress. Three times respondent was asked to
discontinue family therapy because her attitude and statements were
so upsetting to the children. The trial court properly held
respondent failed to protect the children, failed to provide proper
care and custody, and would be unable to do so within a reasonable
time. There was also a reasonable likelihood that the children would
suffer harm in her care. Evidence from the children's therapists and
psychologists who examined them and the respondent supported the
trial court's conclusions. Affirmed.
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Issues: Denial of the plaintiff-mother's motion to change custody;
Whether the trial court made sufficient findings in deciding the
custody motion; MCR 2.517(A)(2); Fletcher v. Fletcher; MacIntyre v.
MacIntyre (On Remand); Whether the trial court's findings were
against the great weight of the evidence; Foskett v. Foskett; MCL
722.23(j); Whether the trial court made erroneous findings on factor
(k); Whether the trial court violated the plaintiff's constitutional
liberty interest in child rearing; Heltzel v. Heltzel; In re JS & SM
Court: Michigan Court of Appeals (Unpublished)
Case Name: Robertson v. Robertson
e-Journal Number: 31390
Judge(s): Per Curiam – White, Whitbeck, and Davis
The court affirmed the trial court's denial of the plaintiff-
mother's motion to change custody of the parties' two minor
children. After the parties' divorce, sole legal and physical
custody of their two children was awarded to the defendant-father.
The trial court initially denied the motion without making findings
or taking evidence. The court remanded for a full evidentiary
hearing. On remand, the trial court found an established custodial
environment existed with the defendant and the statutory best
interest factors weighed in his favor. The court held in denying
plaintiff's motion for a change of custody the trial court made
sufficient findings and considered the relevant evidence in making
its decision, the trial court's findings were not against the great
weight of the evidence, and the trial court did not violate the
plaintiff's constitutional liberty interest in child rearing by
denying her motion. Affirmed.








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The Flint Citizen is a publication of Attorney Terry R. Bankert
(Family Law, divorce ) of Flint Michigan USA. See
http://attorneybankert.com/.

Flint Divorce attorney Terry Bankert. Aggressive divorce, child
custody, child support , parenting time affordable Flint divorce
Attorney. See http://attorneybankert.com/.
Ask a Flint divorce, child support, child custody question at
http://attorneybankert.com/contact.php

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http://enewsblog.com/terrybankert/post/2005-11-08_04:52:35/
OTHER Flint sites of interest.
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14. The Uncommon Sense, newspaper
http://www.downtownflint.com
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Terry R. Bankert P.C., Divorce Attorney1000 Beach St., Flint MI USA
48503 810.235.1970
fax 234-5080
See http://attorneybankert.com/.
Ask a Flint divorce, child support, child custody question at
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