Can I File For Terminating My Ex’s Parental Rights?
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When things go wrong in a relationship, there are usually lingering feelings of anger and bitterness. These feelings might become much more difficult when a couple has a child together. Terminating parental rights should only be done after careful consideration and planning. However, in some cases, it is necessary to give your child a better future.
In Michigan, the termination of parental rights must be recorded and filed with the court. This article will outline your rights and the steps necessary to terminate another parent’s parental rights.
Ways To Terminate Parental Rights in Michigan
There are two ways to terminate parental rights in Michigan. The Adoption Code covers one, while the Juvenile Code covers the other.
Under the Adoption Code, MCL 710.21 governs the termination of parental rights to make the child available for adoption. This can be done with consent, or in the case of stepparent adoption, it can be done with consent, or be contested. If a dispute arises, the parent whose rights are to be revoked must have had contact with the child for at least two years and must have had the means to sustain the child but did not. If these two prerequisites are not met, the step-parent adoption cannot proceed unless all parties agree.
However, under the Juvenile Code, MCL 712.A1, the Court may revoke a parent’s rights if a child is abused or neglected. Although this petition can be brought by anybody, it is most usually brought by the Department of Human Services (DHS) and the prosecutor’s office. In some cases, the court will allow the parent to address the circumstances that caused the neglect or abuse. However, the parents will be subject to strict restrictions, court monitoring, and time limits.
Grounds For Terminating Parental Rights
Terminating parental rights voluntarily might be difficult since judges are often hesitant to do so. Someone must typically be ready and waiting to adopt the child in question. It is quite improbable that a voluntary termination will be approved if the custodial parent is opposed to it.
In the case of an involuntary termination of parental rights, the court will require definitive evidence that there are grounds for termination. Such cases are typically pursued by the county attorney, who has a strong burden of evidence. Involuntary terminations may occur in the following situations:
- The child has been abandoned by his or her parent.
- The parent is mentally ill or incapable and cannot raise the child.
- The child was neglected by the parent.
- The child has been physically or sexually mistreated by his or her parent.
- The parents got divorced, and one of them is attempting to terminate the rights of the other.
- The parent has been found guilty of murder or felony assault leading to the death or serious impairment of another child’s physiological functions.
- The parent has failed to provide the child with sufficient care and custody.
If a parent is found to be incompetent or incapable of looking after children, parental rights may be removed. Before parental rights can be revoked, the court must conclude that the parent is unfit and that terminating parental rights is in the child’s best interest.
Seek the Advice of a Michigan Family Law Attorney
Terminating parental rights is a big decision, but it can be necessary for some situations. At Goldman & Associates Law Firm, we have the skills and experience to walk you through the process of terminating parental rights in Michigan. Give us a call today or arrange an appointment for a free consultation!