IN RE SANDERS

Docket No. 146680. Calendar No. 6.

852 N.W.2d 524 (2014)

495 Mich. 394

In re SANDERS.

Supreme Court of Michigan.

Decided June 2, 2014.


Attorney(s) appearing for the Case

Jerard M. Jarzynka , Prosecuting Attorney, and Jerrold Schrotenboer , Chief Appellate Attorney, for the Department of Human Services.

Vivek S. Sankaran and Joshua B. Kay , for Lance Laird.

William Ladd and Deborah Paruch , Detroit, for the Juvenile Appellate Clinic of the University of Detroit Mercy School of Law.

David S. Leyton and Terrence E. Dean , for the Prosecuting Attorneys Association of Michigan.

Honigman Miller Schwartz and Cohn LLP, Detroit (by Robert M. Riley ), for the National Association of Counsel for Children.

Honigman Miller Schwartz and Cohn LLP, Bloomfield Hills (by Beth J. Kerwin ), for the Legal Services Association of Michigan and the Michigan State Planning Body for the Delivery of Legal Services to the Poor.

Legal Services of South Central Michigan, Ann Arbor (by Ann L. Routt ), for the Michigan Coalition to End Domestic and Sexual Violence.

Elizabeth Warner , for the Children's Law Section of the State Bar of Michigan.


Opinion of the Court

McCORMACK, J.

At issue in this case is the constitutionality of Michigan's one-parent doctrine. The one-parent doctrine permits a court to interfere with a parent's right to direct the care, custody, and control of the children solely because the other parent is unfit, without any determination that he or she is also unfit. In other words, the one-parent doctrine essentially imposes joint and several liability on both parents, potentially...

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