219 Mich. App. 80 - In Re Gaipa’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Because the quantum of "support or care for the mother during pregnancy" necessary for a putative father to come within the provisions of § 39(2) is unclear, judicial construction is appropriate.... As indicated by the Supreme Court in Barlow, supra, the group of putative fathers that comes within the provisions of § 39(2) do so because they have established some sort of custodial or support relationship with the child or mother. It seems clear that, in demanding such an established relationship, the Legislature must have intended more than an incidental, fleeting, or inconsequential offer of support or care and therefore must have intended more than "any" contribution by the putative father. Conversely, the Legislature's failure to require "substantial" or total support during the pregnancy—especially where other sections of the Adoption Code specifically contain such a "regular and substantial support" requirement, see e.g., M.C.L. § 710.51(6)(a); M.S.A. § 27.3178(555.51)(6)(a)—strongly suggests that the Legislature also did not intend that elevated standard to be applied in all cases and under all circumstances. We are of the opinion that, by declining to require a certain and specific level of support or care for § 39(2) to apply, the Legislature rejected the notion of uniformly quantifying the adequacy of a putative father's support for the mother during pregnancy. Rather, it seems apparent that the Legislature intended that the courts determine case by case whether the ”

   2 later decisions quote this exact passage
   e.g. In Re Dawson · 219 Mich. App. 329 - In Re Ballard

2. “support or care for the mother during pregnancy”

   2 later decisions quote this exact passage
   e.g. In Re Dawson · 219 Mich. App. 329 - In Re Ballard

3. “Section 39 of the code creates two categories of putative fathers and provides different standards for termination of the rights of each. Putative fathers who have established no custodial relationship with the child, and who have provided no support for the mother or child prior to the notice of hearing, may have their parental rights terminated if the court finds, after examining the father's fitness and ability to properly care for the child, "that it would not be in the best interests of the child to grant custody" to him. The parental rights of the second group, those who have established some kind of custodial or support relationship prior to the notice of hearing, are subject to termination only by proceedings under the general jurisdictional provisions of chapter 12A of the Probate Code.”

   1 later decision quote this exact passage
   e.g. In Re Dawson