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A Better Partnership
December 01, 2014

MSC grants mini-oral argument to consider whether father can successfully adjourn adoption proceedings

The Michigan Supreme Court granted mini-oral argument in In re Ars, No. 150142, to hear whether a father demonstrated that his biological child should not be adopted by her maternal grandparents. The trial court dismissed the grandparents’ adoption petition after the father intervened. The Court of Appeals affirmed in an unpublished opinion, No. 318638, and held that there was no doubt that the man was the biological father, he did not unreasonably delay his paternity complaint, nor did he file to thwart adoption proceedings. The Michigan Supreme Court granted mini-oral argument on three issues:

(1)  Whether the father demonstrated adequate “good cause” under Section 25 of the Adoption Code, MCL 710.25(2), for the adjournment of the adoption proceeding;
 
(2)  Whether the respondent adequately demonstrated that he had “provided substantial and regular support or care in accordance with [his] ability to provide such support or care for the mother during pregnancy or for either mother or child after the child’s birth during the ninety days before notice of the hearing was served upon him”’ and
 
(3)  Whether the trial court gave adequate consideration to the legislative mandate that all adoption proceedings be considered to have the highest priority.

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