MICoA Rules Judge must Evaluate Custody

"In Custody Hearings, the Judge Cannot Just Rely on Friend of the Court’s
Recommendation"

...

"However, the Judge cannot just adopt the recommendation without hearing
testimony and considering evidence. This requirement was reiterated in the
case of Deling v Lam, unpublished case per curiam of the Michigan Court of
Appeals, issued October 7, 2010 (Docket No. 295272). In that case, the trial
judge merely adopted the Friend of the Court recommendation, which radically
changed the physical custody arrangement from joint physical custody to giving
the father sole physical custody. The trial judge did not hear testimony or
consider evidence—the judge just adopted the recommendation. The mother
appealed, and the Court of Appeals reversed the trial court’s decision, stating
that the trial judge improperly delegated its authority by failing to
independently evaluate each of the best interest factors. The Court of Appeals
reversed the trial court's decision and sent the case back to the trial court
for a new custody hearing."

http://altonlaw.blogspot.com/2010/10/in-custody-hearings-judge-cannot-just.html

Members of this group complained to the Michigan Senate, Michigan House, and
Governor 9/6 - 9/30-ish about these very same due process rights for parents
during custody hearings.

http://www.scribd.com/doc/38445295/Petition-to-Modify-Pending-Legislation-to-Protect-Children-by-Protecting-Parents-Rights

While there may be no connection between our political petition and this court
of appeals ruling, it's always possible that the light we shed on this issue
encouraged the court to make the correct call to defend the rights of parents to
a fair and full trial, and not to relegate their fundamental liberty interests
in the care and custody of their children to a literal rubber stamp process.

Sincerely,

Doug Dante

http://www.scribd.com/DougDante

 

 

Darrick Scott-Farnsworth

Executive Director www.AChildsRight.net www.daddyblogger.com 

Cell 269 209-7144 or Nextel DC ID 130*112*19287

True Conservative: Pro-Life, Liberty and Property