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IN RE CAVANAUGH MINORS
State: Michigan
Court: Court of Appeals
Docket No: 199845
Case Date: 11/04/1997
Preview:STATE OF MICHIGAN COURT OF APPEALS
__________________________________________ In the Matter of VANESSA SUE CAVANAUGH, MICHAEL JOSEPH CAVANAUGH, PATRICK THOMAS CAVANAUGH, SUSAN MARIE CAVANAUGH and JENENE RANAE CAVANAUGH, Minors.

FAMILY INDEPENDENCE AGENCY, Petitioner-Appellee, v KEITH M. CAVANAUGH, Respondent-Appellant, and JULIE KAY CAVANAUGH, Respondent.

UNPUBLISHED November 4, 1997

No. 199845 Wayne Juvenile Court LC No. 94-318498

FAMILY INDEPENDENCE AGENCY, Petitioner-Appellee, v JULIE KAY CAVANAUGH, Respondent-Appellant, and No. 200105 Wayne Juvenile Court LC No. 94-318498

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KEITH MICHAEL CAVANAUGH, Respondent.

Before: Holbrook, Jr., P.J., and Michael J. Kelly and Gribbs, JJ. PER CURIAM. In these consolidated appeals, respondents appeal as of right from the juvenile court order terminating their parental rights to the minor children under MCL 712A.19b(3)(c)(i) and (g); MSA 27.3178(598.19b)(3)(c)(i) and (g). We affirm. Respondent-father argues that clear and convincing evidence was not presented to justify termination of his rights. This Court reviews a probate court's findings of fact in a parental termination case under the clearly erroneous standard. A finding of fact is clearly erroneous when the reviewing court has a definite and firm conviction that a mistake has been made. In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989); MCR 5.974(I). Deference must be accorded to the probate court's assessment of the credibility of the witnesses who appear before it. In re Newman, 189 Mich App 61, 65; 472 NW2d 38 (1991). The burden of proof is on the petitioner to establish a statutory ground for termination by clear and convincing evidence. After petitioner meets its burden, the burden shifts to the respondent to come forward with evidence that termination is clearly not in the child's best interests. MCL 712A.19b(5); MSA 27.3178(598.19b)(5). Absent any such evidence, termination of the parent's rights is mandatory. In re Hall-Smith, 222 Mich App 470, 471-473; 564 NW2d 156 (1997). Here, clear and convincing evidence was presented to support termination of respondent-father's rights under
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