Kalamazoo, MI asked in Appeals / Appellate Law for Michigan

Q: What kind of things could possibly win an appeal for termination of parental rights?

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Appeals & Appellate Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Appeals generally turn on some legal error. Questions of fact or credibility of witnesses is for the trial court to determine. If there is a legal error and a question of fact, the remedy is usually a remand (send back) to the trial court for either a hearing or new trial.

An appeal is NEVER a second bite of the apple. And if fact, you generally don't get to add or challenge facts and evidence that was already presented. The particular challenge in termination of parental rights cases is that often, the client is saying "hey, look! I'm better now". Unfortunately, the appeals court will only look at what happened during the case up until trial.

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