PROBATE CODE OF 1939
Act 288 of 1939
712.10 Custody action by surrendering or nonsurrendering parent; filing; hearing; determination of paternity or maternity.
Sec. 10.
(1) If a surrendering parent wants custody of a newborn who was surrendered under section 3 of this chapter, the parent shall, within 28 days after the newborn was surrendered, file a petition with the court for custody. Not later than 28 days after notice of surrender of a newborn has been published, an individual claiming to be the nonsurrendering parent of that newborn may file a petition with the court for custody. The surrendering parent or nonsurrendering parent shall file the petition for custody in 1 of the following counties:
(a) If the parent has located the newborn, the county where the newborn is located.
(b) If subdivision (a) does not apply and the parent knows the location of the emergency service provider to whom the newborn was surrendered, the county where the emergency service provider is located.
(c) If neither subdivision (a) nor (b) applies, the county where the parent is located.
(2) If the court in which the petition for custody is filed did not issue the order placing the newborn, the court in which the petition for custody is filed shall locate and contact the court that issued the order and shall transfer the proceedings to that court.
(3) Before holding a custody hearing on a petition filed under this section and not later than 7 days after a petition for custody under this section has been filed, the court shall conduct a hearing to make the determinations of paternity or maternity as described in section 11.
History: Add. 2000 Act 232, Eff. Jan. 1, 2001 ;-- Am. 2006, Act 488, Eff. Jan. 1, 2007
Compiler's Notes:
Enacting section 1 of Act 232 of 2000 provides:
“Enacting section 1. Section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, as amended by this amendatory act, and chapter XII of the probate code of 1939, 1939 PA 288, as added by this amendatory act, do not apply to a proceeding that arises before the effective date of this amendatory act.”
PopularName Notes:
Baby Abandonment
PopularName Notes:
Baby Drop Off
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 2018–2022 · leading case:
In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018).
In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018).
· cites it 3× “MCL 712.10(1). If neither the surrendering parent nor the nonsurrendering parent files a petition for custody within 28 days of surrender or notice of surrender, the child-placing agency must immediately file a petition with the court to terminate the rights of the surrendering…”
in Re Baby Boy Doe (Mich. Ct. App. 2021).
· cites it 8× “In addition, elsewhere in the SDNL are references to custody petitions or proceedings being filed specifically under MCL 712.10. See MCL 712.7(c), MCL 712.10(3), MCL 712.”
in Re Baby Boy Doe (Mich. Ct. App. 2021).
· cites it 8× “In addition, petitioner advanced a new argument—that he had timely filed a petition for custody “within 28 days after the newborn is surrendered” as required by MCL 712.10(1) by filing for his divorce/custody action in the Ottawa court shortly before Doe’s birth.”
Od in Re Baby Boy Doe (Mich. Ct. App. 2022).
· cites it 4× “Second, the record shows that petitioner was searching for his soon-to-be ex-wife and child, but did not locate Baby Boy Doe’s mother until long after the 28-day deadline provided in MCL 712.10(1) had passed. In other words, petitioner did not even know that (or when) Baby Boy…”
in Re Miller Minors (Mich. Ct. App. 2018).
· cites it 3× “MCL 712.10(1). If neither the surrendering parent nor the nonsurrendering parent files a petition for custody within 28 days of surrender or notice of surrender, the child placement agency must immediately file a petition with the court to terminate the rights of the…”
in Re Miller Minors (Mich. Ct. App. 2018).
· cites it 3× “MCL 712.10(1). If neither the surrendering parent nor the nonsurrendering parent files a petition for custody within 28 days of surrender or notice of surrender, the child placement agency must immediately file a petition with the court to terminate the rights of the…”
— Mich. Comp. Laws § 712.10(1) — 6 cases
In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018).
“MCL 712.10(1). If neither the surrendering parent nor the nonsurrendering parent files a petition for custody within 28 days of surrender or notice of surrender, the child-placing agency must immediately file a petition with the court to terminate the rights of the surrendering…”
in Re Baby Boy Doe (Mich. Ct. App. 2021).
“In addition, petitioner advanced a new argument—that he had timely filed a petition for custody “within 28 days after the newborn is surrendered” as required by MCL 712.10(1) by filing for his divorce/custody action in the Ottawa court shortly before Doe’s birth.”
in Re Miller Minors (Mich. Ct. App. 2018).
“MCL 712.10(1). If neither the surrendering parent nor the nonsurrendering parent files a petition for custody within 28 days of surrender or notice of surrender, the child placement agency must immediately file a petition with the court to terminate the rights of the…”
in Re Miller Minors (Mich. Ct. App. 2018).
“MCL 712.10(1). If neither the surrendering parent nor the nonsurrendering parent files a petition for custody within 28 days of surrender or notice of surrender, the child placement agency must immediately file a petition with the court to terminate the rights of the…”
in Re Baby Boy Doe (Mich. Ct. App. 2021).
“In addition, elsewhere in the SDNL are references to custody petitions or proceedings being filed specifically under MCL 712.10. See MCL 712.7(c), MCL 712.10(3), MCL 712.”
— Mich. Comp. Laws § 712.10(1)(c) — 1 case
Od in Re Baby Boy Doe (Mich. Ct. App. 2022).
“Second, the record shows that petitioner was searching for his soon-to-be ex-wife and child, but did not locate Baby Boy Doe’s mother until long after the 28-day deadline provided in MCL 712.10(1) had passed. In other words, petitioner did not even know that (or when) Baby Boy…”
— Mich. Comp. Laws § 712.10(2) — 3 cases
Od in Re Baby Boy Doe (Mich. Ct. App. 2022).
“Second, the record shows that petitioner was searching for his soon-to-be ex-wife and child, but did not locate Baby Boy Doe’s mother until long after the 28-day deadline provided in MCL 712.10(1) had passed. In other words, petitioner did not even know that (or when) Baby Boy…”
in Re Baby Boy Doe (Mich. Ct. App. 2021).
“In addition, elsewhere in the SDNL are references to custody petitions or proceedings being filed specifically under MCL 712.10. See MCL 712.7(c), MCL 712.10(3), MCL 712.”
in Re Baby Boy Doe (Mich. Ct. App. 2021).
“In addition, petitioner advanced a new argument—that he had timely filed a petition for custody “within 28 days after the newborn is surrendered” as required by MCL 712.10(1) by filing for his divorce/custody action in the Ottawa court shortly before Doe’s birth.”
— Mich. Comp. Laws § 712.10(3) — 1 case
in Re Baby Boy Doe (Mich. Ct. App. 2021).
“In addition, elsewhere in the SDNL are references to custody petitions or proceedings being filed specifically under MCL 712.10. See MCL 712.7(c), MCL 712.10(3), MCL 712.”
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treatment. Dots show Syfertize treatment of the citing case itself.