An adoptive parent must file an adoption petition1 with the court in the county where “the petitioner resides, where the adoptee is found or, where the parent’s parental rights were terminated or are pending termination.” MCL 710.24(1). “If both parents’ parental rights were terminated at different times and in different courts, a petition filed under [MCL 710.24] shall be filed in the court of the county where parental rights were first terminated.” MCL 710.24(1).
If the child has already been temporarily placed, the adoptive parent must file a petition with the court that received the temporary transfer report.2 MCL 710.24(1). See MCL 710.23d(2), which requires the temporary transfer report to be filed in the county where the child’s parent or guardian resides, the prospective parent resides, or where the child is located.
“In an adoption proceeding in which there is more than 1 applicant, the petition for adoption shall be filed with the court of the county where the parent’s parental rights were terminated or are pending termination. If both parents’ parental rights were terminated at different times and in different courts, a petition filed under this section shall be filed in the court of the county where parental rights were first terminated.” MCL 710.24(3); MCL 710.45(4).
B.Change of Venue3
A motion for change of venue must be filed before or at the time an answer is filed.4 MCR 2.221(A). Untimeliness, however, is not grounds for denying a motion for change of venue “if the court is satisfied that the facts on which the motion is based were not and could not with reasonable diligence have been known to the moving party more than 14 days before the motion was filed.” MCR 2.221(B). “An objection to venue is waived if it is not raised within the time limits imposed by this rule.” MCR 2.221(C).
When venue is proper, the court may not change venue on its own initiative, but may change venue only on a party’s motion. MCR 2.222(B). Once a party files a motion for change of venue, the court may grant the motion “for the convenience of parties and witnesses or when an impartial trial cannot be had where the action is pending.” MCR 2.222(A). ”MCR 2.222 does not limit which party may initiate a change of venue.” Dawley v Hall, 501 Mich 166, 171 (2018).
When venue is improper, the court must order a change of venue on a defendant’s timely filed motion or may order a change of venue on the court’s own initiative if the parties receive notice and an opportunity to be heard on the venue question. MCR 2.223(A). See also Dawley, 501 Mich at 168, 170 (when venue is improper, MCR 2.223(A) “provides two avenues for changing venue: the defendant’s timely motion or the court’s order on its own initiative”; “[b]ecause plaintiff’s motion is neither a motion by defendant nor an action on the court’s ‘own initiative,’ . . . plaintiff cannot file a motion for change of venue under MCR 2.223(A)”).
“If venue is changed because the action was brought where venue was not proper, the action may be transferred only to a county in which venue would have been proper.” MCR 2.223(A).
1 For a discussion on adoption petitions, see Section 6.6.
2 See Section 5.5(E) for a detailed discussion of transfer reports.
3 For more information on changing venue and the accompanying requirements, see the Michigan Judicial Institute’s Civil Proceedings Benchbook, Chapter 2.
4 Venue in adoption proceedings is governed by the Michigan Court Rules. MCR 3.800(A).