Macomb County Probate Judge Pamela Gilbert O'Sullivan in effect reversed her earlier ruling that gave the court temporary custody over the girl, who's entering her 29th week of pregnancy. The ruling last week was intended to give authorities time to make sure the girl saw a psychologist.
Prosecutor Carl Marlinga asked the judge to dismiss his petition. Marlinga told the judge he met privately with attorneys for the family and said he was satisfied that the girl's parents have all the information they need to make the best decision on her behalf.
"We wanted to make sure she wasn't being rushed out of town by parents who were embarrassed," Marlinga said.
The judge agreed with Marlinga's request.
"This court no longer maintains any jurisdiction over this family," O'Sullivan said.
The girl's parents said they did not learn until July 6 that she was pregnant. Earlier, a doctor failed four times to realize she was pregnant, despite symptoms such as vomiting and difficulty eating, an investigator said.
Michigan law does not allow abortions after 24 weeks unless the pregnant woman's life is in danger, so the parents planned to take their daughter to a Wichita, Kan., abortion clinic.
The parents' attorney, Lauren Tomayko, said the judge's ruling allows the parents to take their child to Kansas where she can be evaluated for a late-term abortion. The parents and experts in Michigan who have seen the girl agree that an abortion is in her best interest, Tomayko said.
Marlinga said he expected first-degree criminal sexual conduct charges to be filed against the brother next week.
The court gave up jurisdiction over the girl, but Marlinga said the authorities will monitor the family to make sure the girl and her brother are not in contact with each other. The brother still is living with his parents and the girl is living with an aunt.
By A.J. Dickerson