Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 700.5209 (2026)

Court action on petition to terminate guardianship of minor.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.5209 Court action on petition to terminate guardianship of minor.

Sec. 5209.

    (1) After notice and hearing on a petition under section 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. The court may enter orders to facilitate the minor's reintegration into the home of the parent or parents for a period of up to 6 months before the termination.

    (2) For a petition to terminate a guardianship in which subsection (1) does not apply, after notice and hearing, the court may do any of the following:

    (a) Terminate the guardianship if the court determines that it is in the best interests of the minor, and do any of the following:

    (i) Enter orders to facilitate the minor's reintegration into the parent's home for a period of up to 6 months before the termination.

    (ii) Order the family independence agency to supervise the transition period when the minor is being reintegrated into his or her parent's home.

    (iii) Order the family independence agency to provide services to facilitate the minor's reintegration into his or her parent's home.

    (b) Continue the guardianship for not more than 1 year after the hearing date if the court determines that it is in the best interests of the minor, and do any of the following:

    (i) If the guardianship is a limited guardianship, order the parent or parents to comply with 1 of the following:

    (A) The limited guardianship placement plan.

    (B) A court-modified limited guardianship placement plan.

    (C) If the limited guardianship was established before December 20, 1990, a court-structured plan that enables the minor to return to the home of his or her parent or parents.

    (ii) If the guardianship is ordered under section 5204, order the parent or parents to follow a court-structured plan that enables the minor to return to the home of his or her parent or parents.

    (iii) If a guardianship is continued under subparagraph (i) or (ii), schedule and conduct a hearing to review the guardianship before the expiration of the period of time that the guardianship is continued and either terminate the guardianship or limited guardianship or proceed under subdivision (c) or (d).

    (c) If the minor resides with the guardian or limited guardian for not less than 1 year and if the court finds that the minor's parent or parents have failed to provide the minor with parental care, love, guidance, and attention appropriate to the child's age and individual needs resulting in a substantial disruption of the parent-child relationship, continue the guardianship if it is established by clear and convincing evidence that the continuation would serve the best interests of the minor.

    (d) Appoint an attorney to represent the minor or refer the matter to the family independence agency. The attorney or the family independence agency may file a complaint on behalf of the minor requesting the family division of the circuit court to take jurisdiction of the minor under section 2(b) of chapter XIIA of 1939 PA 288, MCL 712A.2.

History: 1998, Act 386, Eff. Apr. 1, 2000

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Notes of Decisions
Cited in 13 cases (9 in the last 5 years), 2009–2025 · leading case: Hunter v. Hunter, 771 N.W.2d 694 (Mich. 2009).
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Hunter v. Hunter, 771 N.W.2d 694 (Mich. 2009). · cites it 2× “MCL 700.5209(1). A limited guardian also may not seek full custody of a child under the CCA if the parent substantially complies with the placement plan.”
In Re Guardianship of Malaya Price (Mich. Ct. App. 2023). · cites it 17× “See MCL 700.5209. The guardianship at issue here is a limited guardianship.”
In Re Guardianship of Jo (Mich. Ct. App. 2025). · cites it 13× “It applies only if MCL 700.5209(1), which requires a probate court to terminate a limited guardianship if it determines that the minor’s parent substantially complied with the limited guardianship placement plan, does not apply.”
In Re Guardianship of Ac (Mich. Ct. App. 2024). · cites it 6× “5209(2) applies to petitions to terminate guardianships, other than certain parental petitions to terminate a limited guardianship as provided in MCL 700.5209(1). MCL 700.5209(2)(c) permits a trial court to continue a guardianship if “it is established by clear and convincing…”
In Re Guardianship of Jcm (Mich. Ct. App. 2024). · cites it 5× “5208 (parental petition to terminate guardianship) and MCL 700.5209 (limited guardianship and termination).”
Thomas E Schaiberger v. Dylan M Peiffer (Mich. Ct. App. 2019). · cites it 2× “5209(1) provides: After notice and hearing on a petition under section 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…”
20221215_C362398_40_362398.Opn.Ord.Pdf (Mich. Ct. App. 2022). · cites it 2× “5207(3)(b)(iii) permits the court following the review hearing to “take an action” under MCL 700.5209, which permits termination of a guardianship.”
in Re Erber Guardianships (Mich. Ct. App. 2017). “Erber that the guardianships must automatically terminate because this Court has properly exercised its authority to continue the guardianship pursuant to MCL 700.5209(2)(c). The subsection is applicable despite Mr.”
in Re Erber Guardianships (Mich. Ct. App. 2017). “Erber that the guardianships must automatically terminate because this Court has properly exercised its authority to continue the guardianship pursuant to MCL 700.5209(2)(c). The subsection is applicable despite Mr.”
in Re Guardianship of Orta Minor (Mich. 2021). “5207(3)(a) and (b)(iii); MCL 700.5209(2). Otherwise, with some limited exceptions inapplicable to the present issue, the guardianship continues uninterrupted unless the minor’s parent petitions for its termination.”
In Re Guardianship of Lmw (Mich. Ct. App. 2024). “MCL 700.5209(2)(a) authorizes a probate court to terminate a guardianship “if the court determines that it is in the best interests of the minor.”
In Re Jcm Minor (Mich. Ct. App. 2025). “With both parties now having benefit of counsel the court did not stress the legal requirements as set forth in MCL 700.5209(a). Perhaps regrettably, such significant focus brought to the issues of reunification before clear establishment of statutory satisfaction of requirement…”
Show all 13 citing cases →
— Mich. Comp. Laws § 700.5209(1) — 5 cases
Hunter v. Hunter, 771 N.W.2d 694 (Mich. 2009). “MCL 700.5209(1). A limited guardian also may not seek full custody of a child under the CCA if the parent substantially complies with the placement plan.”
In Re Guardianship of Jo (Mich. Ct. App. 2025). “It applies only if MCL 700.5209(1), which requires a probate court to terminate a limited guardianship if it determines that the minor’s parent substantially complied with the limited guardianship placement plan, does not apply.”
In Re Guardianship of Malaya Price (Mich. Ct. App. 2023). “See MCL 700.5209. The guardianship at issue here is a limited guardianship.”
Thomas E Schaiberger v. Dylan M Peiffer (Mich. Ct. App. 2019). “5209(1) provides: After notice and hearing on a petition under section 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…”
In Re Guardianship of Ac (Mich. Ct. App. 2024). “5209(2) applies to petitions to terminate guardianships, other than certain parental petitions to terminate a limited guardianship as provided in MCL 700.5209(1). MCL 700.5209(2)(c) permits a trial court to continue a guardianship if “it is established by clear and convincing…”
— Mich. Comp. Laws § 700.5209(2) — 4 cases
In Re Guardianship of Malaya Price (Mich. Ct. App. 2023). “See MCL 700.5209. The guardianship at issue here is a limited guardianship.”
In Re Guardianship of Ac (Mich. Ct. App. 2024). “5209(2) applies to petitions to terminate guardianships, other than certain parental petitions to terminate a limited guardianship as provided in MCL 700.5209(1). MCL 700.5209(2)(c) permits a trial court to continue a guardianship if “it is established by clear and convincing…”
In Re Guardianship of Jo (Mich. Ct. App. 2025). “It applies only if MCL 700.5209(1), which requires a probate court to terminate a limited guardianship if it determines that the minor’s parent substantially complied with the limited guardianship placement plan, does not apply.”
in Re Guardianship of Orta Minor (Mich. 2021). “5207(3)(a) and (b)(iii); MCL 700.5209(2). Otherwise, with some limited exceptions inapplicable to the present issue, the guardianship continues uninterrupted unless the minor’s parent petitions for its termination.”
— Mich. Comp. Laws § 700.5209(2)(a) — 6 cases
In Re Guardianship of Ac (Mich. Ct. App. 2024). “5209(2) applies to petitions to terminate guardianships, other than certain parental petitions to terminate a limited guardianship as provided in MCL 700.5209(1). MCL 700.5209(2)(c) permits a trial court to continue a guardianship if “it is established by clear and convincing…”
20221215_C362398_40_362398.Opn.Ord.Pdf (Mich. Ct. App. 2022). “5207(3)(b)(iii) permits the court following the review hearing to “take an action” under MCL 700.5209, which permits termination of a guardianship.”
In Re Guardianship of Malaya Price (Mich. Ct. App. 2023). “See MCL 700.5209. The guardianship at issue here is a limited guardianship.”
In Re Guardianship of Lmw (Mich. Ct. App. 2024). “MCL 700.5209(2)(a) authorizes a probate court to terminate a guardianship “if the court determines that it is in the best interests of the minor.”
In Re Guardianship of Jo (Mich. Ct. App. 2025). “It applies only if MCL 700.5209(1), which requires a probate court to terminate a limited guardianship if it determines that the minor’s parent substantially complied with the limited guardianship placement plan, does not apply.”
— Mich. Comp. Laws § 700.5209(2)(b) — 1 case
In Re Guardianship of Malaya Price (Mich. Ct. App. 2023). “See MCL 700.5209. The guardianship at issue here is a limited guardianship.”
— Mich. Comp. Laws § 700.5209(2)(c) — 4 cases
In Re Guardianship of Jcm (Mich. Ct. App. 2024). “5208 (parental petition to terminate guardianship) and MCL 700.5209 (limited guardianship and termination).”
in Re Erber Guardianships (Mich. Ct. App. 2017). “Erber that the guardianships must automatically terminate because this Court has properly exercised its authority to continue the guardianship pursuant to MCL 700.5209(2)(c). The subsection is applicable despite Mr.”
in Re Erber Guardianships (Mich. Ct. App. 2017). “Erber that the guardianships must automatically terminate because this Court has properly exercised its authority to continue the guardianship pursuant to MCL 700.5209(2)(c). The subsection is applicable despite Mr.”
In Re Guardianship of Ac (Mich. Ct. App. 2024). “5209(2) applies to petitions to terminate guardianships, other than certain parental petitions to terminate a limited guardianship as provided in MCL 700.5209(1). MCL 700.5209(2)(c) permits a trial court to continue a guardianship if “it is established by clear and convincing…”
— Mich. Comp. Laws § 700.5209(a) — 1 case
In Re Jcm Minor (Mich. Ct. App. 2025). “With both parties now having benefit of counsel the court did not stress the legal requirements as set forth in MCL 700.5209(a). Perhaps regrettably, such significant focus brought to the issues of reunification before clear establishment of statutory satisfaction of requirement…”
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