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No. 121246
| Theresa
O'Day DeRose, |
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Sarah J. Biggs (734) 281-3666 |
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Plaintiff/Third-Party Defendant-Appellee,
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| vs (Appeal
from Ct of Appeals) |
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(Wayne
-- Lombard, Jr.)
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| Joseph Allen DeRose, |
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Defendant,
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and
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| Catherine DeRose, |
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Richard S. Victor (248) 646-7177 |
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Third-Party Plaintiff-Appellant.
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Daniel R. Victor |
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Scott Bassett |
Click to view briefs in Adobe format:
Plaintiff/Third-Party Defendant-Appellee's
Brief on Appeal>>
Third Party Plaintiff-Appellant's Brief on Appeal>>
American Civil Liberties Union: Amicus
Curiae Brief>>
Michigan Coalition Against Domestic and Sexual Violence: Amicus
Curiae Brief>>
Family Law Section of the State Bar of Michigan - Majority Position:
Amicus Curiae Brief>>
Family Law Section of the State Bar of Michigan - Minority Position:
Amicus Curiae Brief>>
Background
The case involves a dispute over grandparent visitation between
Theresa Seymour (formerly Theresa DeRose), mother of Shaun Ashleigh
DeRose, and Catherine DeRose, Shaun's paternal grandmother. Shaun's
father, Joseph DeRose, pled guilty in 1997 to first-degree criminal
sexual conduct involving Theresa's daughter from a prior marriage. He
was sentenced to 12 to 20 years. Theresa filed for divorce and was awarded
sole legal and physical custody of Shaun. Catherine filed a petition
for visitation. After an investigation, the Wayne County Friend of the
Court recommended that Catherine have two hours of supervised visitation
with Shaun on alternate Saturdays, with the visitation increasing to
four hours after an eight-month period. Catherine was prohibited from
discussing with Shaun matters related to Joseph's incarceration. Wayne
County Circuit Judge Mary Waterstone, over Theresa's objection, issued
an order incorporating the Friend of the Court's recommendation. Ultimately,
Theresa appealed the order to the Michigan Court of Appeals. The appellate
panel, in a 2-1 decision, vacated the circuit court's order. In a published
opinion, the majority said that Michigan's grandparenting time statute,
MCL 722.27b, is unconstitutional. In so ruling, the majority cited the
U.S. Supreme Court's decision in Troxel v Granville, 530 US 57; 120
S Ct 2054; 147 L Ed 2d 49 (2000). In Troxel, the U.S. Supreme Court
struck down a Washington statute which allowed any person at any time
to petition for visitation with a child based on the "best interest
of the child." The Michigan Court of Appeals majority further said
that the statute's "best interest of the child" standard does
not provide adequate guidance for trial judges who must rule on petitions
for grandparenting time, particularly because the standard does not
afford any deference to the custodial parent's decision. Catherine DeRose
appeals.
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