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IN RE JOHNATHON DORR & DESTINI BIGELOW MINORS
State: Michigan
Court: Court of Appeals
Docket No: 193510
Case Date: 10/10/1997
Preview:STATE OF MICHIGAN COURT OF APPEALS
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In the Matter of JOHNATHON DORR and DESTINI BIGELOW, Minors.

DEPARTMENT OF SOCIAL SERVICES, Petitioner-Appellee, v LEONARD HICKS, Respondent-Appellant, and DANIEL DORR, JEFFREY LANDON, a/k/a JEFFREY LANDING, DANNY BEMUS, and DONALD CADARETTE, a/k/a DONALD BOWERS, Respondents.

UNPUBLISHED October 10, 1997

No. 193510 Genesee Juvenile Court LC No. 85-069314-NA

Before: Doctoroff, P.J., and Cavanagh and Saad, J.J. MEMORANDUM. Respondent-appellant appeals by leave granted from the juvenile court order that terminated his parental rights to minor child Johnathon Dorr under MCL 712A.19b(3)(g); MSA 27.3178(598.19b)(3)(g). We affirm. Any error resulting from the juvenile court's allowance of notice by publication of the termination proceeding does not require reversal because respondent-appellant was not entitled to notice of the proceeding. Respondent-appellant was not a noncustodial parent for purposes of the statutory notice requirements, MCL 712A.12; MSA 27.3178(598.12), since he had not established paternity of the child in a legally recognized manner. In re Gillespie, 197 Mich App 440, 443-446; 496 NW2d 309 (1992).

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The juvenile court did not clearly err in finding that the statutory ground for termination was established by clear and convincing evidence. MCR 5.974(I); In re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989). Further, respondent-appellant failed to show that termination of his parental rights was clearly not in the child's best interests. In re Hall-Smith, 222 Mich App 470, 472-473; 564 NW2d 156 (1997). Thus, the juvenile court did not err in terminating respondent-appellant's parental rights to the child. MCL 712A.19b(5); MSA 27.3178(598.19b)(5). Affirmed. /s/ Martin M. Doctoroff /s/ Mark J. Cavanagh /s/ Henry W. Saad

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