Robert Porter v. Christina Hill

• Court: Michigan Supreme Court
• Decided: April 23, 2014
• Docket: 147333
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

April 23, 2014 Robert P. Young, Jr., Chief Justice

147333 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack ROBERT PORTER and JUDITH PORTER, David F. Viviano, Plaintiffs-Appellants, Justices

v SC: 147333 COA: 306562 Saginaw CC: 11-012799-DZ CHRISTINA MARIE HILL, f/k/a CHRISTINA MARIE PORTER, Defendant-Appellee.

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On January 15, 2014, the Court heard oral argument on the application for leave to appeal the June 11, 2013 judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.302(H)(1). In lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals. The Court of Appeals erred in holding that the parents of a man whose parental rights to his minor children were involuntarily terminated before his death did not have standing to seek grandparenting time with the children under the Child Custody Act, MCL 722.21 et seq., when, under the circumstances of this case, a biological parent is encompassed by the term “natural parent” in MCL 722.22(e) and (h), regardless of whether the biological parent’s parental rights have been terminated. We REMAND this case to the Saginaw Circuit Court for further proceedings not inconsistent with this order.

We do not retain jurisdiction.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. April 23, 2014 t0416 Clerk