In re Mays
Tuesday, August 2, 2011
Court: Supreme Court of Michigan
Topic: Child’s opinion in TPR proceedings and the constitutionality of Michigan’s "one-parent” doctrine
Michigan law requires a court to determine if a child is of sufficient age to give their view during a TPR proceeding. Failing to obtain the view of a child who is off sufficient age, violates that child’s due process rights. Michigan’s "one-parent” doctrine violates a parent’s due process rights because it requires the non-offending parent to prove their fitness. However they should be operating under the presumption that they are fit as stated in the US Supreme Court case Troxel v. Granville.
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