IN RE DANIELLE LEI MYERS MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of DANIELLE LEI MYERS, Minor.
CHARMEL LEI
HULSEBOS,
HULSEBOS
and
KEVEN
UNPUBLISHED
March 26, 1999
Petitioners-Appellees,
v
No. 212329
Eaton Circuit Court
Family Division
LC No. 96-001674 AD
DANIEL JOHN MYERS,
Respondent-Appellant.
Before: O’Connell, P.J., and Jansen and Collins, JJ.
MEMORANDUM.
Respondent appeals as of right from a family court order terminating his parental rights to the
minor child under § 51(6) of the Adoption Code, MCL 710.51(6); MSA 21.3178(555.51)(6). We
affirm.
Respondent’s claim that the stepparent adoption statute is unconstitutional was not raised in the
family court and is not preserved for review. People v Morey, 230 Mich App 152, 163; 583 NW2d
907 (1998). We therefore decline to consider it.
The family court did not clearly err in finding that the statutory ground for termination was
established by clear and convincing evidence. In re Simon, 171 Mich App 443, 448; 431 NW2d 71
(1988). The record establishes that respondent, although having the ability to do so, failed to provide
any support for the minor child for a period of two years or more before the filing of the petition and,
although he had the ability to do so, substantially failed to visit, contact, or communicate with the child
for a period of two years or more before the filing of the petition. Thus, the family court did not err in
terminating respondent’s parental rights to the child.
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Affirmed.
/s/ Peter D. O’Connell
/s/ Kathleen Jansen
/s/ Jeffrey G. Collins
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