Docket No. 121246, Calendar No. 10.

666 N.W.2d 636 (2003)

Theresa O'Day DEROSE, also known as Theresa Seymour, Plaintiff Third-Party Defendant-Appellee, v. Joseph Allen DEROSE, Defendant-Appellee, and Catherine DeRose, Third-Party Plaintiff-Appellant.

Supreme Court of Michigan.

Decided July 31, 2003.

Attorney(s) appearing for the Case

Sarah J. Biggs, Southgate, MI, for Theresa O'Day DeRose.

Law Offices of Richard S. Victor, PLLC (by Richard S. Victor and Daniel R. Victor, Scott Bassett, of counsel), Bloomfield Hills, MI, for Catherine DeRose.

Nichols, Sacks, Slank & Sendelbach, P.C. (by Karen S. Sendelbach), Ann Arbor, MI, for the Family Law Section of the State Bar of Michigan.

Michigan Poverty Law Project (by Anne L. Argiroff, Judith A. Curtis, Lynelle Morgan, and Ann Routt), Southfield, MI, for the Michigan Coalition Against Domestic and Sexual Violence.

Jay D. Kaplan, Michael Steinberg, and Kary L. Moss, Detroit, MI, and Robert A. Sedler, Detroit, MI, for the American Civil Liberties Union Fund of Michigan.

John F. Mills, Birmingham, MI, for the Family Law Section of the State Bar of Michigan.



This case presents a dispute under the grandparent visitation statute, M.C.L. § 722.27b, between a mother, Theresa Seymour,1 and a paternal grandmother, Catherine DeRose, who sought visitation with her granddaughter. The trial court ordered limited visitation, and the mother appealed. The Court of Appeals held that this statute was unconstitutional. We affirm.

I. Facts

The child at issue...

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