IN RE PREGITZER MINORS
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of JOSHUA PREGITZER and
JESSE PREGITZER, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
February 24, 2004
Petitioner-Appellee,
v
No. 249824
Jackson Circuit Court
Family Division
LC No. 01-001054-NA
TONYA PREGITZER BRAXMAIER,
Respondent-Appellant,
and
LARRY ABBOTT and ROBIN CLEVENGER,
Respondents.
Before: Sawyer, P.J., and Saad and Bandstra, JJ.
MEMORANDUM.
Respondent mother appeals as of right from the trial court’s order terminating her
parental rights to the minor children pursuant to MCL 712A.19b(3)(c)(i), (g) and (j). We affirm.
The trial court did not clearly err in finding that clear and convincing evidence
established the statutory grounds for termination. In re Trejo Minors, 462 Mich 341, 356-357;
612 NW2d 407 (2000); MCR 3.977(J). It was substantiated that one son had previously been
physically abused and that both children were exposed to domestic violence by her continued
relationship with an abusive boyfriend. She herself admitted to being unable to properly care for
her children, although she blamed either her children’s difficult behavior or her mental illness for
her parenting problems. When respondent left the children in the care of others (sometimes for
periods almost two years long), she failed to provide adequate information as to her whereabouts.
Some of her choices of caregivers were poor, and there were incidents of neglect and severe
abuse of the children at the hands of some caregivers. Based on the testimony of various
therapists, respondent needed additional therapy before she could be considered to provide
proper care. Given the fact that the two children were already teenagers, there was little time
before they reached adulthood, and such time could not be spent in the hope that respondent’s
therapy would eventually succeed.
-1-
Further, the trial court did not clearly err in finding that termination of respondent’s
parental rights was not contrary to the children’s best interests. Although their ages made
adoption of the boys unlikely, the stability gained from being away from respondent’s negative
influences allowed them to improve coping skills, which they would soon need as adults.
Although it was likely both sons would resume a relationship with respondent upon reaching
adulthood, any skills gained prior to that time would be in their best interests.
Affirmed.
/s/ David H. Sawyer
/s/ Henry William Saad
/s/ Richard A. Bandstra
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.