In Re Anjoski

A Mother's Fight To Get Her Child Back


In March 2009, the Michigan Court of Appeals delivered a decision that shocked the family law practice community. Instead of holding true to years of precedents that uphold a biological parent's right to custody of their children without interference from the Courts, the opinion of In Re Anjoski seemingly carved out an exception. The Appellate Court ignored statute and case law by holding that a third-party (in this case, the step-mother) could challenge a biological mother for custody of her child even absent standing under the Michigan statute. Moreover, the Court appeared to hold that this exception was applicable only to this particular mother. Later this year, the Michigan Supreme Court would effectively reverse this opinion by explicitly overruling the case In Re Anjoski is premised on (Mason v. Simmons) and will re-establish Michigan's long history of recognizing the rights of biological parents. (See Hunter v. Hunter).

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Decision | State, 6th Circuit, Michigan | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Laura Smith, LSmith Legal Help | Attorney Advertising

Written by:


LSmith Legal Help on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.