Need help in Michigan

[Gracie3787]

What is the name of your state? Michigan
I'm trying to help a friend but have run across a situation that I hope someone can help with.

Mother(CP)
Father (NCP)

Divorced, mother remarried. Moved to another county more than 6 months ago.
Custody, CS, and vistation orders remained in county NCP lived in.
Father died (suicide) in August.

Paternal Grandparents have filed for visitation rights.
Filed under deceased son's name and case number.
In prelim. hearing Judge asks parties to file briefs concerning jurisdiction- same county or should it be mother's county?

Here's the questions:

1. Is it correct for Grandparents to file using deceased son's NAME and CASE #?
I may be wrong, but it seems to me that since the GP's were not a party to the original case and that one of the original parties is deceased, wouldn't the death have effectly closed that particular case? So the GPs would need to open an entirely new case?

2. The Judge wants the laws and case law on jurisdiction/venue, where would be the fasted place to find these? (the next hearing is in 5 days)

3. Does anyone know of any other cases like this where one party dies and a relative files using the same case # and the deceased parties name?
If so, how was it handled by the court?

This whole thing has us stumped, hoping someone can help. Thank you in advance.
Gracie

 

[Ohiogal]

The quickest place to find case law is lexis or westlaw. If they don't have access to those pay per services try lexis one and findlaw. Those sites will help but they don't shepherdize necessarily.
I have never seen a case where grandma files under dad. This would/should be a new case. They may have to reference the old case in any affidavits required but it should be a new case.

 

[LdiJ]

What is the name of your state? Michigan
I'm trying to help a friend but have run across a situation that I hope someone can help with.

Mother(CP)
Father (NCP)

Divorced, mother remarried. Moved to another county more than 6 months ago.
Custody, CS, and vistation orders remained in county NCP lived in.
Father died (suicide) in August.

Paternal Grandparents have filed for visitation rights.
Filed under deceased son's name and case number.
In prelim. hearing Judge asks parties to file briefs concerning jurisdiction- same county or should it be mother's county?

Here's the questions:

1. Is it correct for Grandparents to file using deceased son's NAME and CASE #?
I may be wrong, but it seems to me that since the GP's were not a party to the original case and that one of the original parties is deceased, wouldn't the death have effectly closed that particular case? So the GPs would need to open an entirely new case?

Yes, believe it or not that's a quirk in MI law. The grandparents have to file under an existing case.

2. The Judge wants the laws and case law on jurisdiction/venue, where would be the fasted place to find these? (the next hearing is in 5 days)

The MI state website provides access to case law.

3. Does anyone know of any other cases like this where one party dies and a relative files using the same case # and the deceased parties name?
If so, how was it handled by the court?

Yes, tons of them...all in MI. The court will handle the case as normal.

 

[Gracie3787]

Thank you, I'll let her know. Some state's really do have quirky laws don't they? This info will help alot.
Gracie