upon notice hearing (Michigan) · Go Syfert
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upon notice hearing in Michigan

10 Michigan opinions name it 1 courts 1987–2024 3 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
ISB Sales Co. v. Dave's Cakesgreen
michctapp · 2003 · cited in 1 Michigan opinions naming this issue, 2013–2013
2 sentences

2013See ISB Sales Co v Dave’s Cakes, 258 Mich App 520, 529 ; 672 NW2d 181 (2003) (noting that phrases starting with “if” are provisos that restrict the operative effect of statutory language).

2013See ISB Sales Co v Dave’s Cakes, 258 Mich App 520, 529 ; 672 NW2d 181 (2003) (noting that phrases starting with “if” are provisos that restrict the operative effect of statutory language).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
In re Talh green
michctapp · 2013
2 sentences

2024A child support order stating that support is $0.00 or that support is reserved shall be treated in the same manner as if no support order has been entered. (b) The other parent, having the ability to visit, contact, or communicate with the child, has regularly and substantially failed or neglected to do so for a period of 2 years or more before the filing of the petition. “[I]n order to terminate parental rights under MCL 710.51(6), the trial court must determine that both subdivision (a) and subdivision (b) are satisfied, as well as conclude that the conditions set out in the preceding parag

2024A child support order stating that support is $0.00 or that support is reserved shall be treated in the same manner as if no support order has been entered. (b) The other parent, having the ability to visit, contact, or communicate with the child, has regularly and substantially failed or neglected to do so for a period of 2 years or more before the filing of the petition. “[I]n order to terminate parental rights under MCL 710.51(6), the trial court must determine that both subdivision (a) and subdivision (b) are satisfied, as well as conclude that the conditions set out in the preceding parag

22023–2024
In Re SMNE green
michctapp · 2004
2 sentences

2023In In re SMNE, 264 Mich App 49 ; 689 NW2d 235 (2004), a case involving a stepparent adoption, this Court interpreted MCL 710.51(6), which at the time provided: (6) If the parents of a child are divorced . . . and if the parent having legal custody of the child subsequently marries and that parent’s spouse petitions to adopt the child, the court upon notice and hearing may issue an order terminating the rights of the other parent if both of the following occur: -3- (a) The other parent, having the ability to support, or assist in supporting, the child has failed or neglected to provide regular

2023In In re SMNE, 264 Mich App 49 ; 689 NW2d 235 (2004), a case involving a stepparent adoption, this Court interpreted MCL 710.51(6), which at the time provided: (6) If the parents of a child are divorced . . . and if the parent having legal custody of the child subsequently marries and that parent’s spouse petitions to adopt the child, the court upon notice and hearing may issue an order terminating the rights of the other parent if both of the following occur: -3- (a) The other parent, having the ability to support, or assist in supporting, the child has failed or neglected to provide regular

12023–2023
In Re ALZ green
michctapp · 2001
2 sentences

2019In re ALZ, 247 Mich App 264, 272 ; 636 NW2d 284 (2001).

2019In re ALZ, 247 Mich App 264, 272 ; 636 NW2d 284 (2001).

12019–2019
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n green
michctapp · 2016
2 sentences

2019The meaning that is plainly expressed by the grammatical context -7- is as follows: (1) “If [(a)] the parents of a child are divorced, or if [(b)] the parents are unmarried but the father [(i)] has acknowledged paternity or [(ii)] is a putative father who meets the conditions in section 39(2) of this chapter, and [(2)] if [(a)] a parent having custody of the child according to a court order subsequently marries and [(b)] that parent’s spouse petitions to adopt the child, [then] the court upon notice and hearing may issue an order terminating the rights of the other parent if [(3)] both of the

2019The meaning that is plainly expressed by the grammatical context -7- is as follows: (1) “If [(a)] the parents of a child are divorced, or if [(b)] the parents are unmarried but the father [(i)] has acknowledged paternity or [(ii)] is a putative father who meets the conditions in section 39(2) of this chapter, and [(2)] if [(a)] a parent having custody of the child according to a court order subsequently marries and [(b)] that parent’s spouse petitions to adopt the child, [then] the court upon notice and hearing may issue an order terminating the rights of the other parent if [(3)] both of the

12019–2019
In Re HILL green
michctapp · 1997
2 sentences

2013MCL 710.51(6) provides as follows: If the parents of a child are divorced,... and if the parent having legal custody of the child subsequently marries and that parent’s spouse petitions to adopt the child, the court upon notice and hearing may issue an order terminating the rights of the other parent if both of the following occur: (a) The other parent, having the ability to support, or assist in supporting, the child, has failed or neglected to provide regular and substantial support for the child or if a support order has been entered, has failed to substantially comply with the order, for a

2013MCL 710.51(6) provides as follows: If the parents of a child are divorced,... and if the parent having legal custody of the child subsequently marries and that parent’s spouse petitions to adopt the child, the court upon notice and hearing may issue an order terminating the rights of the other parent if both of the following occur: (a) The other parent, having the ability to support, or assist in supporting, the child, has failed or neglected to provide regular and substantial support for the child or if a support order has been entered, has failed to substantially comply with the order, for a

12013–2013
In Re Newton green
michctapp · 2000
1 sentence

2004In re Newton, supra. MCL 710.51 provides in relevant part: (6) If the parents of a child are divorced ... and if the parent having legal custody of the child subsequently marries and that parent’s spouse petitions to adopt the child, the court upon notice and hearing may issue an order terminating the rights of the other parent if both of the following occur: (a) The other parent, having the ability to support, or assist in supporting, the child, has failed or neglected to provide regular and substantial support for the child or if a support order has been entered, has failed to substantially

12004–2004
In Re Adams green
michctapp · 1991
1 sentence

1995Adams, supra. Section 51(6) specifically contemplates that a court may not terminate a father’s rights under the applicable circumstances where the father has substantially complied with an order of support.

11995–1995
In Re Colon green
michctapp · 1985
2 sentences

1989In re Colon, 144 Mich App 805, 810 ; 377 NW2d 321 (1985).

1989In re Colon, 144 Mich App 805, 810 ; 377 NW2d 321 (1985).

11989–1989
In Re Gentry green
michctapp · 1985
2 sentences

1987In re Gentry, 142 Mich App 701, 705 ; 369 NW2d 889 (1985).

1987In re Gentry, 142 Mich App 701, 705 ; 369 NW2d 889 (1985).

11987–1987

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 710.51 (10) MI § Mich. Comp. Laws § 712A.2 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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