ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.5208 Petition to terminate guardianship of minor.
Sec. 5208.
(1) A minor's parent or parents may petition the court to terminate a guardianship for the minor as follows:
(a) If the guardianship is a limited guardianship, the parents or the sole parent with a right to custody of the minor.
(b) If the guardianship was established under section 5204, the minor's parent or parents.
(2) If a petition is filed to terminate a guardianship under this section, the court may do 1 or more of the following:
(a) Order the family independence agency or a court employee or agent to conduct an investigation and file a written report of the investigation regarding the best interests of the minor or give testimony concerning the investigation.
(b) Utilize the community resources in behavioral sciences and other professions in the investigation and study of the best interests of the minor and consider their recommendations for the disposition of the petition.
(c) Appoint a guardian ad litem or attorney to represent the minor.
(d) Take any other action considered necessary in a particular case.
(3) This section and section 5209 apply to all guardianships established before, on, or after the effective date of this section.
History: 1998, Act 386, Eff. Apr. 1, 2000
PopularName Notes:
EPIC
Notes of Decisions
Cited in
5
cases (
4 in the last 5 years), 2009–2025 · leading case:
Hunter v. Hunter, 771 N.W.2d 694 (Mich. 2009).
Hunter v. Hunter, 771 N.W.2d 694 (Mich. 2009).
· cites it 10× “Rather, as the majority notes, a parent's recourse would lie in his explicit right to petition the probate court to terminate the guardianship under MCL 700.5208. III. SECTIONS 5(1) AND 7(1)(C) OF THE CHILD CUSTODY ACT Although I agree with the majority on the point just…”
In Re Guardianship of Malaya Price (Mich. Ct. App. 2023).
· cites it 7× “MCL 700.5208 provides: (1) A minor’s parent or parents may petition the court to terminate a guardianship for the minor as follows: (a) If the guardianship is a limited guardianship, the parents or the sole parent with a right to custody of the minor.”
in Re Guardianship of Orta Minor (Mich. 2021).
· cites it 3× “See MCL 700.5208 and 700.5209. Of course, it might be argued that this statutory termination process enables a petitioner to raise challenges to the earlier guardianship determination.”
In Re Guardianship of Jo (Mich. Ct. App. 2025).
· cites it 2× “] “After notice and hearing on a petition under [MCL 700.5208] to terminate a limited guardianship, the court shall terminate the limited guardianship if it determines that the minor’s parent or parents have substantially complied with the limited guardianship placement plan.”
In Re Guardianship of Jcm (Mich. Ct. App. 2024).
“Petitions to terminate a guardianship are governed by MCL 700.5208 (parental petition to terminate guardianship) and MCL 700.”
— Mich. Comp. Laws § 700.5208(1) — 1 case
in Re Guardianship of Orta Minor (Mich. 2021).
“See MCL 700.5208 and 700.5209. Of course, it might be argued that this statutory termination process enables a petitioner to raise challenges to the earlier guardianship determination.”
— Mich. Comp. Laws § 700.5208(1)(a) — 2 cases
In Re Guardianship of Malaya Price (Mich. Ct. App. 2023).
“MCL 700.5208 provides: (1) A minor’s parent or parents may petition the court to terminate a guardianship for the minor as follows: (a) If the guardianship is a limited guardianship, the parents or the sole parent with a right to custody of the minor.”
In Re Guardianship of Jo (Mich. Ct. App. 2025).
“] “After notice and hearing on a petition under [MCL 700.5208] to terminate a limited guardianship, the court shall terminate the limited guardianship if it determines that the minor’s parent or parents have substantially complied with the limited guardianship placement plan.”
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