On Friday, September 18, 2009, the Michigan Supreme Court remanded Lipnevicius v. Lipnevicius to the Court of Appeals as on leave granted. Somewhat unusually, the Court directed the Court of Appeals to address various specific questions regarding the equitable parent doctrine. Chief Justice Kelly dissented and would have granted leave to appeal because the case presents an issue of first impression: how the equitable parent doctrine applies where the legal father wishes to continue as father even though he is not the biological father, and the biological father also seeks legal right to the child. This case seems likely to return to the Michigan Supreme Court after decision by the Court of Appeals.
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