Parenting time is often a court’s gift to both parents. But what if an absent parent starts missing out? The court does entertain requests to tweak or limit parenting time. Some ask, “Should an absent parent lose rights?” Sometimes they do; sometimes they don’t—it varies. Imagine a mom missing for 18 months. You haven’t seen or spoken to her. You ponder asking the court to revoke her rights. Uncertainty lingers. It’s like the saying, “Let sleeping dogs lie.” She’s absent now; maybe she’ll stay that way. Should you act or wait? The question remains: Can an absent parent lose parental rights?
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She might end up appearing in court as a result of the filing and serving of that petition. She is now seeking parental time. You run the danger of having a distant parent suddenly appear and demand visitation rights. No court injunction prohibits the parent from doing so. There are some things you must complete. You must speak with your trusted child custody attorney in Michigan. Your attorney needs to submit a petition. Absent evidence of abuse or neglect, your attorney won’t be able to revoke your ex-spouse’s rights. Usually, the agencies handle that. Parenting time will be put on hold by the motion until the ex-spouse is prepared to take the necessary steps.
What is an absent parent?
The Absent Parent Protocol. The Protocol defines an absent parent as someone who fulfills one of the following descriptions: If there is no legal father,
- The putative father’s or legal parent’s identity is unknown.
- The whereabouts of the putative father, who would be the parent, remain unknown.
Terminating an absent parent’s parental rights
A noncustodial parent may be involved in a domestic dispute. That parent is not recognized as an absent parent. The parent will not be recognized until his or her location is unknown. A parent who is incarcerated is not regarded as an absent parent for the purposes of this Protocol. An absent parent is unable to fulfill the two responsibilities of a biological parent. They aren’t really involved in their child’s life. It’s possible that the child’s parents are still actively involved in their life. The other parent’s parental rights may be challenged by this parent. But there are times when the child’s other parent might be absent.
Physical and legal parental rights
If the subject is incapacitated, dead, or imprisoned, this can happen. Each biological parent has the ability to request physical custody of their child. Each biological parent can make crucial legal decisions on behalf of their children. Family law concepts often acknowledge that parents have some parental rights. These rights must be upheld. Regardless of how involved they are in their child’s life. The following may be able to request that the rights of an absent parent be terminated in such circumstances:
- Another member of the immediate family.
- An appointed legal guardian.
- A governmental organization. This can be a child welfare service.
Examples of physical and legal parental rights
Examples of both physical and legal parental rights include the following:
- Deciding what type of medical care. What quality of care a child can receive? Allowing them to undergo a particular surgery. Receive a vaccination against an illness.
- Deciding where a child should go to school. Making plans for their weekday housing.
- Choosing a child’s religious upbringing into consideration when raising them.
The removal of parental rights is often granted to parents. Even if they are not particularly involved in their children’s lives. The biological parent who is currently raising the child can decide to take legal action. They may do so by filing a petition to revoke the parental rights of an absent parent.
What is abandonment in Michigan?
In Michigan, abandoning a child is more than just leaving them unsupervised and unattended. It is when a child’s custodial parent or guardian no longer wants to or is unable to provide for the child’s health and well-being. Another definition of abandonment is giving a child to a person or organization. People or organizations unwilling to take responsibility for them.
Moving out of your home or leaving the kids with your wife are not acts of abandonment. Children abandoned are often taken to and left in public locations. Public locations include hospitals, churches, schools, human services offices, and many other locations. Custodial adults who do not intend to return. Adults who won’t take over responsibility usually leave the children at home. Other charges, such as child abuse or endangerment, may be applicable. This will depend on the state the child was in when rescued.
You shouldn’t be concerned about abandonment. Not at the outset of a divorce or child custody dispute because it is more of an extreme form of abuse or neglect. When you have young children, there are many reasons not to leave the house, but abandonment is not one of them. You should wait to move out until you and your spouse have come to a firm decision. Any child under the age of 17 is covered by the laws on child abandonment. If they leave their newborn in the locations and ways permitted by law, parents of infants younger than three days old may seek protection from safe haven legislation. A felony conviction and a one- to three-year jail sentence are the alternative penalties for child abandoning.
What is the Absent Parent Protocol?
The Absent Parent Protocol is a guide for finding parents. These are parents who are not involved in their children’s lives. It was created because not finding and involving these parents can make it harder to find permanent homes for children in foster care. The Protocol explains how to find absent parents. Why it is important to do so. The interconnected guiding principles for this protocol’s development include:
Constitutional and legal rights of families
A parent is entitled to the custody, care, and education of his or her child by the Constitution. These liberties have consistently been shielded by the US Supreme Court from unjustified state interference. In Stanley v. Illinois, the Supreme Court ruled that fathers of children born outside of marriage have a fundamental claim to their children and that children born to unmarried parents must get equal treatment under the law. The 14th Amendment protects “the fundamental liberty interest of natural parents in the care, custody, and management of their child,” the Court ruled in Santosky v. Kramer. The Michigan Supreme Court has held that “due process requires a specific adjudication of a parent’s unfitness before the state can infringe the constitutionally protected parent-child relationship.”
As such, all parents involved in a child protective proceeding should be located and notified of the case as soon as possible so they may preserve their parental rights to the care and custody of their children. The Michigan Supreme Court ruled that “due process requires a specific adjudication of a parent’s unfitness before the state can infringe upon the constitutionally protected parent-child relationship.” In order to safeguard their parental rights to the care and custody of their children, all parents who are parties to a child protection process should be identified and informed about the case as soon as is practical.
Benefits of early absent parent detection and location
Finding and getting in touch with a child’s absent parent could be helpful. Children who are at risk of or have already been removed from their families. The Absent Parent Protocol can assist in finding a missing parent so they can assist with the placement. The Protocol may also suggest family members who can look after the child. The likelihood that a child will grow up in a loving, encouraging household is likely to increase. The Protocol involves the parents in protective proceedings. Finding a missing parent could be advantageous to the child. Important information about their medical history can be given by a parent.
Children may profit from parents receiving inheritance benefits. Benefits from social security can be used to their children’s advantage. Before there is judicial action, search efforts for a missing parent should start to help establish family ties. For the child, this expands their options for permanence. Parents should be included early in the process. An absent parent who is interested in establishing or maintaining a parental bond with his or her kid is more likely to become involved. When a missing parent isn’t found or involved early on in the case, permanent placement for the child may be delayed. Therefore, it is crucial to start looking for a missing parent right away in a situation.
Judicial leadership
The court’s leadership can have a significant impact on the investigation of absent parents. To find absent parents, a neighborhood system is required. The procedure for identifying, locating, and including absent parents is part of the system. Every action must take the issue into consideration. Locating absent parents is generally the responsibility of non-court personnel. The court makes sure caseworkers investigate the identities and whereabouts of absent parents. The court may include instructions in the order. These guidelines outline the tasks the caseworker must complete. Like putting extra effort into tracking down the absent parent.
The court and Department of Health and Human Services (DHHS) employees are embracing technologies to make it easier to find absent parents. Access to databases and social media has changed and improved. Additional information sources may be helpful in the search for absent parents. A parent generally has both fundamental and constitutional rights to raise their child. Even if a parent is not actively involved in their child’s life, they can still make a claim to parental rights. Tracking absent parents is a way to force parents to participate in the process of exercising these rights.
Can a parent’s absence be the basis for termination of parental rights?
In Michigan, a parent not deeply involved in their child’s life can lose parental rights. There’s some way this can happen. It can happen if a parent doesn’t give the financial support the child needs. A parent who fails to interact with their child. Worse, the child. A parent should try to remain active in the child’s life to keep legal rights. A parent can lose parental rights if the child is being treated as an adult or is in danger of harm. A parent’s absence can be the basis for termination of parental rights in Michigan.
The court will consider all the facts and circumstances of the case. The court will consider the length of the absence and the reasons for the absence. The court will also look at the impact of the absence on the child. Termination is usually done under the permanency planning team’s advice. Ending parental rights should be in the best interests of the child. In Michigan, a parent’s absence can be considered abandonment if the parent:
- Leaves the child without any plans of coming back.
- Fails to provide for the child’s basic needs. Basic needs mean food, clothing, and housing.
- Refusing to speak to the child.
- Ignoring the child and making no attempt to be involved in the child’s life.
A parent can be found by the court to have abandoned their child based on the above terms. Parental rights can be revoked under such conditions. This means the parent will no longer have rights in relation to the child under Michigan law. A minor will be under the custody of the state or an organization as required by law. A child older than the age of 17 should be the child of the parent having custody. Housing, food, and clothing should be provided for the child by the parent in charge. The parent must provide medical care. The parent having custody could not be able to or won’t want to provide for the child. The government or another specific entity can be in control.
An absence that can end up as abandonment
A parent can be found by the court to have abandoned their child based on the above terms. Parental rights can be revoked under such conditions. This means the parent will no longer have rights in relation to the child under Michigan law. A minor will be under the custody of the state or an organization as required by law.
A child older than the age of 17 should be the child of the parent having custody. Housing, food, and clothing should be provided for the child by the parent in charge. The parent must provide medical care. The parent having custody could not be able to or won’t want to provide for the child. The government or another specific entity can be in control. The phrase “abandonment of a child” is sometimes misunderstood. People understand it to mean only leaving a child unattended physically.
However, this is untrue. Extreme emotional abandonment may qualify as child abandonment as well. The government takes such actions seriously. It may seek criminal charges. A protracted lack of physical touch or emotional support for children can be damaging. Every case of child abandonment is different. The following common activities lead to criminal charges:
- Refusing to assist, watch over, or manage the child.
- Leaving the child unattended and without making prior plans for their maintenance.
- Leaving a young child in a public area.
- Ignoring the child’s communicative needs.
- A prolonged stretch of time spent with the child alone at home.
- Not making sure the child gets frequent visits.
What are the economic costs of absent parents?
There is a connection between parental absence and household income. This is according to a study published by the University of Wisconsin Press. The study was authored by Marianne Page and Ann Huff Stevens. The long-term family income of children is a topic of the study. These children have divorced parents. These are parents that haven’t gotten back together in at least six years.
A decline in family income
The study found a 45% decline in the family’s income. The study was titled “The Economic Consequences of Absent Parents.” The parents’ combined income supports two families. A second source of funding to help with child support no longer exists. The study also found that children with divorced parents eat 16% less overall. The parents’ lack of desire to cook wholesome meals could be the cause of this. They might have less money available for food purchases. The study also found the economic impact of absent parents. It is less severe for children born to single parents. There is no proof that children’s food consumption is affected. It is less probable that their income will fall.
Likelihood of falling into poverty
According to the report, children with single parents are more likely to grow up in poverty. Single parents often make less money than married couples do. It may be challenging for them to get cheap housing and childcare. Absent parents can have a big impact on their children’s financial stability. When making decisions about family structure, it’s important to take this into account.
Never leave your children unattended without first seeking advice from an expert Michigan family law attorney. It is usually a good idea to have a case open. A hearing is scheduled for a temporary parenting time order. You intend to take the children out of the house or have already done so. Losing parental rights can be terrifying to a parent. Sometimes parents are pushed to make hard decisions. In a way, losing a child to adoption may not be a terrible alternative.
Parents must still think things through because in Michigan you cannot undo the loss of parental rights. The legal relationship between a parent and a child comes to an end. Think very well and get guidance. The courts will always give you the time to consider. The court only thinks of the child’s best interest.
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