IN RE CLAUSEN

Docket Nos. 96366, 96441, 96531, 96532, (Calendar Nos. 1-2).

442 Mich. 648 (1993)

502 N.W.2d 649

In re CLAUSEN (DeBOER v. SCHMIDT) DeBOER v. DeBOER

Supreme Court of Michigan.

Decided July 2, 1993.

Dissenting opinion filed July 8, 1993.


Attorney(s) appearing for the Case

Child Advocacy Law Clinic (by Suellyn Scarnecchia) for the petitioners-appellants Roberta and Jan DeBoer.

Victor, Robbins & Bassett (by Richard S. Victor and Scott Bassett) for Peter Darrow, next friend of plaintiff-appellee.

Faupel & Associates (by Marian L. Faupel) for the respondent-appellee Daniel Schmidt.

Child Advocacy Law Clinic (by Suellyn Scarnecchia) for defendants-appellees Roberta and Jan DeBoer.

Faupel & Associates (by Marian L. Faupel) for defendants-appellants Cara and Daniel Schmidt.

Amici Curiae:

McGurn & Associates, Ltd. (by Michael McGurn), and Margaret M.S. Noe for Catholic Social Services of Lenawee County.

Tann H. Hunt and Todd W. Grant for appellants Roberta and Jan DeBoer.

Victor, Robbins & Bassett (by Richard S. Victor and Scott Bassett) for Grandparents Rights Organization.

Teressa L. Streng, Kenton W. Hambrick, and William B. Newman, Jr., for Catholic Charities of Southwestern Virginia, Inc.

Darnton, Rutzky & Dodge (by Thomas B. Darnton) for Yale University Child Study Center.

Schweitzer, Bentzen & Scherr (by Michael P. Bentzen, Robert N. Levin, Leslie Scherr, and Susan L. Biro), and Nancy Poster and Dale S. Adams for The National Council for Adoption.

Meyer, Capel, Hirschfeld, Muncy, Jahn & Aldeen, P.C. (by Glenna J. Weith), and Kessler & Geer (by Barbara L. Kessler), for American Academy of Adoption Attorneys.

Nannette M. Bowler and Lewis Pitts and Gayle Korotkin, for Legal Action Project of the National Committee for the Rights of the Child, et al.

Anne L. Argiroff, Ann L. Routt and Michael R. Yales, Legal Services of Southeastern Michigan, Kenneth C. Penokie, Legal Services of Northern Michigan, John Forczak, Michigan Legal Services, and Karen Gullberg Cook for Daniel and Cara Schmidt.

Peter P. Darrow, Sally Rutzky, Veronique Lerner, and Joan Lowenstein, for guardians ad litem.


Dissenting opinion by LEVIN, J., filed July 8, 1993.

PER CURIAM:

These two related cases arise out of a child custody dispute involving the competing claims of the child's natural parents (Cara and Daniel Schmidt) and the third-party custodians with whom the child now lives (Roberta and Jan DeBoer).

While we will deal at length with the various arguments marshaled in support of their claims, we sum up our analysis of the competing arguments by reference...

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