Juvenile guardianship & visitation; MCL 712A.19a(10); MCR 3.979(E); MCL 700.5215; Falconer v Stamps

The court reversed the trial court’s order denying the guardian-Ridolphi’s challenge to the trial court’s authority to grant visitation with the child-E’s paternal relatives. This case involved Jeanann Upperstrom, the paternal aunt, seeking parenting time for, purportedly, the entire paternal family. The court held that the trial court committed a clear legal error when it concluded that it had the authority to order visitation with the paternal relatives, including E's paternal grandmother (Patsy), organized by Jeanann. The court held that there seemed to be a suggestion the “trial court’s authority for entering visitation orders sprung from the grandparenting time statute, MCL 722.27b. Reading the record in such a manner would defy logic and common sense.” The clear implication from the proceedings was that “parenting time was being ordered for the Upperstorms, not Patsy.” Thus, the trial court’s order “requiring visitation with Jeanann and her family, but not Patsy, lacked legal authority.” Importantly, even if it were true that Jeanann was merely representing Patsy’s interests in the case, “the appropriate procedural steps were not taken to ensure grandparenting time.” Under MCL 722.27b(3)(a), when, as here, “‘the circuit court has continuing jurisdiction over the child, the child’s grandparent shall seek a grandparenting time order by filing a motion . . . . ’” Further, the required motion “‘shall be accompanied by an affidavit setting forth facts supporting the requested order.’” Here, there was “no evidence of a motion filed by Patsy, or Jeanann on Patsy’s behalf, seeking a grandparenting time order.” Thus, the trial court had “no legal authority under MCL 722.27b to grant court-ordered visitation” to E’s paternal family. There was “no statutory support for Jeanann, on her own, to request court-ordered visitation either.” This analysis of the issue was supported by Falconer. The same problem existed here. Jeanann and her family had no authority to seek court-ordered visitation with E. "While Patsy does have such authority under the law, there are certain procedural requirements. In pertinent part, she was required to file a motion along with a supporting affidavit.” Her failure to do so, like the paternal grandmother’s failure in Falconer, was fatal to a claim for grandparenting time. “In sum, the trial court only had legal authority to award court-ordered visitation for Patsy, but the procedural requirements for doing so were not met in this case.”