Wilson v. King
298 Mich. App. 378
| Mich. Ct. App. | 2012Background
- Plaintiff1 is the biological mother who had parental rights terminated for three older children in 2008; Diane King adopted those three children.
- Plaintiff then gave birth to Mac Sconi in 2008 and alleges initial visitation with the three older siblings occurred, which later ceased.
- On May 10, 2011, plaintiff filed a sibling-visitation complaint under the Child Custody Act (CCA) on Mac’s behalf.
- The trial court denied default judgment, sua sponte dismissed the case for lack of a recognized cause of action, and plaintiff’s motion for reconsideration was denied.
- The court affirmed, holding that, even if a sibling-visitation claim exists, the adoption severed the natural sibling relationship, leaving no viable claim against the adoptive parent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Michigan recognizes a cause of action for sibling visitation under the CCA | Wilson argues a cause of action exists | King argues no such cause of action exists | Court did not decide viability; affirmed dismissal on other grounds that siblings are not related after adoption |
| Whether adoption under MCL 710.60 severs the natural sibling relationship for purposes of sibling visitation | Wilson contends siblings remain as such despite adoption | King contends adoption creates a substitute parent-child relationship and severs prior ties | Adoption severs the natural sibling relationship; Mac’s siblings are not his siblings for purposes of visitation |
Key Cases Cited
- In re Toth, 227 Mich App 548 (1998) (adoption policy severs prior family ties in context of grandparent visitation)
- Jones v. Slick, 242 Mich App 715 (2000) (adoption effects and related statutory interpretation guidance)
- Verna’s Tavern, Inc v Heite, 243 Mich App 578 (2000) (summary disposition standards applied where record supports ruling)
- Maiden v Rozwood, 461 Mich 109 (1999) (standard for evaluating MCR 2.116(C)(8) claims; de novo review)
- Klooster v City of Charlevoix, 488 Mich 289 (2011) (affirmation of trial court reasoning when result correct)