Yesterday, the Michigan Court of Appeals remanded to the trial court with instructions that the trial court grant standing to a non-biological mother, in a same-sex relationship now broken, to seek custody, parenting time and child support. "Pursuant to the dictates of the United States Supreme Court in Obergefell v Hodges, ___ US ___; 135 S Ct 2584; 192 L Ed 2d 609 (2015), we remand this matter for proceedings consistent with this opinion."
In Jennifer Stankevich v Leanne Milliron, the parties entered into a same-sex marriage in Canada in July 2007. Before that date, defendant had been artificially inseminated, and later gave birth to a child. Defendant is the biological mother of the child. The parties separated in March 2009. While they initially agreed to a visitation schedule, they subsequently found that they could not agree.
As a result, the plaintiff filed a verified complaint under the Paternity Act, asserting that she fully participated in the care and rearing of the minor child. She requested relief from the trial court, which included an order dissolving the marriage, an order affirming that she is the parent of the child, and orders regarding custody, parenting time, and child support. Defendant filed a motion for summary disposition asserting that plaintiff lacked standing to petition for custody of the child. The trial court granted defendant’s motion. Plaintiff then appealed.
Stankevich v Milliron, unpublished opinion per curiam of the Court of Appeals, issued October 17, 2013 (Docket No. 310710)]. An application for leave was submitted to the Michigan Supreme Court. The MSC vacated and remanded 498 Mich 877 (2015).
Yesterday, the Court of Appeals remanded to the trial court with instructions: "Pursuant to the dictates of the United States Supreme Court in Obergefell v Hodges, ___ US ___; 135 S Ct 2584; 192 L Ed 2d 609 (2015), we remand this matter for proceedings consistent with this opinion." The opinion may be read here: Download STANKEVICH_v_MILLIRON