Opinion
369941
04-09-2024
In re EAM Minor
LC No. 24-000023-AD
Michael J. Riordan Presiding Judge Thomas C. Cameron Allie Greenleaf Maldonado Judges
ORDER
The motion for immediate consideration is GRANTED.
In lieu of granting the delayed application for leave to appeal, the Court orders, pursuant to MCR 7.205(E)(2), that the February 5, 2024 order of the Wayne Circuit Court continuing the adoption proceedings hereby is VACATED. The court abused its discretion in continuing the proceeding without good cause to do so. MCL 710.25(2); In re MKK, 286 Mich.App. 546, 555; 781 N.W.2d 132 (2009). The court also lacked the authority to direct the putative father to submit to a paternity test in light of the statutory protections afforded putative fathers under MCL 710.39 of the Adoption Code.
The circuit court shall schedule a hearing pursuant to MCL 710.39 to protect the interests of the putative father, who has been appointed counsel. See In re BKD, 246 Mich.App. 212, 215; 631 N.W.2d 353 (2002). The case is REMANDED to the circuit court for further proceedings consistent with this order.
In all other respects, the delayed application for leave to appeal is DENIED.
This order is to have immediate effect, MCR 7.215(F)(2).
The Court retains no further jurisdiction.