IN RE CHRISTIAN ALLEN WEBER MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of C.A.W., Minor.
FAMILY INDEPENDENCE AGENCY,
FOR PUBLICATION
October 23, 2003
9:05 a.m.
Petitioner-Appellee,
v
No. 235731
Macomb Circuit Court
Family Division
LC No. 92-036958-NA
LARRY HEIER,
Appellant,
ON REMAND
and
DEBORAH ANN WEBER and ROBERT
RIVARD,
Updated Copy
December 30, 2003
Respondents.
Before: Fitzgerald, P.J., and Bandstra and Gage, JJ.
GAGE, J. (concurring).
I concur in the result only. I write separately to express my deep concern over the
outcome of this case. The record here demonstrates that during the lower court proceedings
Robert Rivard's paternity of CAW was called into question by the natural mother. In the
pleadings filed in this case, it was suggested that Mr. Rivard was not CAW's natural father and
that Larry Heier was. While I acknowledge that Mr. Heier's late attempt at intervention is
troubling, I find it more disturbing that a man who claims to be a child's father, and has
established some relationship, albeit not substantial, with the child and provided some support
for the child, can be denied the opportunity to intervene in a child protective proceeding to have
his paternity established and his fitness tested. A majority of our Supreme Court has decided
that the Legislature did not intend to allow putative fathers an opportunity to intervene in child
protective proceedings. I do not believe the policy considerations that apparently gave comfort
to the majority of our Supreme Court supersede the presumption that a child is better off in the
care of a fit natural parent rather than with strangers in foster care or through adoption. See
Troxel v Granville, 530 US 57; 120 S Ct 2054; 147 L Ed 2d 49 (2000). Perhaps, for the sake of
clarity, the court rules should be amended to specifically allow a putative father to intervene in a
child protective proceeding if he is able to raise a legitimate question about paternity.
/s/ Hilda R. Gage
-1-
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