Michigan Compiled Laws

Mich. Comp. Laws § 710.65 (2026)

Appeal to court of appeals; staying court order pending appeal; priority.

✓ current as of July 2026

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PROBATE CODE OF 1939

Act 288 of 1939

710.65 Appeal to court of appeals; staying court order pending appeal; priority.

Sec. 65.

(1) A party aggrieved by an order that is entered by the court under this chapter, including an order entered after a rehearing, may appeal the order to the court of appeals as of right not later than 21 days after the order is entered by the court or not later than 21 days after a petition for a rehearing is denied.

(2) An order of the court entered under this chapter shall not be stayed pending appeal unless ordered by the court of appeals upon motion for good cause shown and on such terms as are deemed just.

(3) An appeal from an order entered under this chapter shall be given priority in the court of appeals and shall take precedence over all other matters, except for other matters that are given priority by specific statutory provision or rule of the supreme court.

History: Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1982, Act 72, Imd. Eff. Apr. 14, 1982 ;-- Am. 1994, Act 244, Eff. July 5, 1994

PopularName Notes:

Probate Code

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1977–2023 · leading case: Smith v. Oakland Cnty. Circuit Court, 344 F. Supp. 2d 1030 (E.D. Mich. 2004).

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Smith v. Oakland Cnty. Circuit Court, 344 F. Supp. 2d 1030 (E.D. Mich. 2004). · cites it 2× “Further, MCL § 710.65(1) states that “[a]fter the entry of the order of adoption.”

In Re Baby Girl Fletcher, 256 N.W.2d 444 (Mich. Ct. App. 1977). · cites it 4× “The statutory reference is MCLA 710.65; MSA 27.3178(555.65) which provides for appeal from the probate court order to our Court.”

Bates v. Sanchez, 375 N.W.2d 353 (Mich. 1985). · cites it 2× “25)(2), and provide for priority on appeal, MCL 710.65(3); MSA 27.3178(555.65)(3). We conclude that the proper balancing of the potential for conflict between these dual concerns for procedural fairness to the noncustodial parent and for prompt proceedings to "safeguard and…”

In the Matter of Barlow, 273 N.W.2d 35 (Mich. 1978). “"(2) If the putative father is one who has established a custodial relationship with the child or has provided support or care for the mother during pregnancy or for either mother or child after the child's birth during the 90 days before notice of the hearing was served upon…”

In Re Jackson, 320 N.W.2d 285 (Mich. Ct. App. 1982). “MCL 710.65(1); MSA 27.3178(555.65X1). Kenneth Anderson Jackson, Jr.”

In the Matter of Klaus, 310 N.W.2d 394 (Mich. Ct. App. 1981). “Petitioners appealed to circuit court, which heard the appeal and reversed and remanded, apparently unaware that petitioners’ appeal as of right was to this Court and not the circuit court under MCL 710.65; MSA 27.3178(555.65). The probate court was ordered to give proper notice…”

Robards v. Barlow, 404 Mich. 216 (Mich. 1978). “"(2) If the putative father is one who has established a custodial relationship with the child or has provided support or care for the mother during pregnancy or for either mother or child after the child’s birth during the 90 days before notice of the hearing was served upon…”

In Re K Malilwe-Econ. Minor (Mich. Ct. App. 2023). “See MCL 710.65. Appellant also seeks standing to challenge the order on the basis that when respondent- father’s parental rights were terminated, she lost the ability to petition for guardianship over KME.”

In Re Schang, 663 N.W.2d 476 (Mich. 2003). · cites it 2× “§ 710.65, the Legislature provided that orders under the Adoption Code shall not be stayed pending appeal unless the Court of Appeals enters a stay for good cause.”

in Re moore/pegues Minors (Mich. Ct. App. 2014). “See MCL 710.65(1). To some degree, both parties are correct.”

— Mich. Comp. Laws § 710.65(1) — 3 cases

Smith v. Oakland Cnty. Circuit Court, 344 F. Supp. 2d 1030 (E.D. Mich. 2004). “Further, MCL § 710.65(1) states that “[a]fter the entry of the order of adoption.”

In Re Jackson, 320 N.W.2d 285 (Mich. Ct. App. 1982). “MCL 710.65(1); MSA 27.3178(555.65X1). Kenneth Anderson Jackson, Jr.”

in Re moore/pegues Minors (Mich. Ct. App. 2014). “See MCL 710.65(1). To some degree, both parties are correct.”

— Mich. Comp. Laws § 710.65(2) — 1 case

In Re Schang, 663 N.W.2d 476 (Mich. 2003). “§ 710.65, the Legislature provided that orders under the Adoption Code shall not be stayed pending appeal unless the Court of Appeals enters a stay for good cause.”

— Mich. Comp. Laws § 710.65(3) — 1 case

Bates v. Sanchez, 375 N.W.2d 353 (Mich. 1985). “25)(2), and provide for priority on appeal, MCL 710.65(3); MSA 27.3178(555.65)(3). We conclude that the proper balancing of the potential for conflict between these dual concerns for procedural fairness to the noncustodial parent and for prompt proceedings to "safeguard and…”

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