829 N.W.2d 359
Mich. Ct. App.2012Background
- Landon and Usitalo, in a long-term same-sex relationship, adopted a child born November 28, 2003, on February 28, 2005.
- After adoption, the parties lived together and jointly raised the child; they separated in July 2007 and filed a custody agreement in August 2008.
- In January 2010, Usitalo filed for sole custody and parenting time; Landon moved to dismiss arguing the adoption was void ab initio due to Michigan’s prohibition of same-sex adoptions.
- Saginaw Circuit Court transferred the case to Shiawassee Circuit Court, noting adoption validity was a central issue and directing proceedings.
- Shiawassee Circuit Court held it had subject-matter jurisdiction over the 2005 adoption despite Landon’s argument; it later transferred back for custody proceedings.
- The Saginaw Circuit Court ultimately granted Usitalo joint legal and physical custody with parenting time; Landon appeals claiming the adoption was void and collaterally attackable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the adoption court had subject-matter jurisdiction | Usitalo asserts SMJ over adoption as a class of cases. | Landon contends adoption void ab initio for lack of same-sex adoption authorization. | Subject-matter jurisdiction existed; collateral attack improper. |
| Whether Landon can collaterally attack the 2005 adoption | Collateral attack barred since SMJ proper and judgment valid. | Collateral attack allowed to void adoption due to statutory defect. | Collateral attack not permitted; adoption valid; custody order affirmed. |
| Whether Usitalo had standing to seek custody | Joint adoption provided parental rights; standing supported. | If adoption void, plaintiff lacks parental status and standing. | Standing valid; custody award upheld. |
Key Cases Cited
- In re Hatcher, 443 Mich 426 (1993) (want of jurisdiction may render void only if lack of SMJ; errors in exercise do not void judgment)
- In re AMB, 248 Mich App 144 (2001) (subject-matter jurisdiction concerns class of cases, not specific outcome)
- In re Adams, 189 Mich App 540 (1991) (probate code adoption jurisdiction; procedure and scope)
- Joy v. Two-Bit Corp, 287 Mich 244 (1938) (definitions of jurisdiction and power to hear cases)
- Jackson City Bank & Trust Co v Fredrick, 271 Mich 538 (1935) (distinguishes lack of jurisdiction from error in exercise of jurisdiction)