The actions of my ex-partner bother me. My ex doesn’t participate in parenting time. Can I get my ex’s parental rights terminated? The decision to revoke your ex’s parental rights in Michigan truly isn’t yours to make.
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Your ex’s parental rights cannot be simply revoked. It cannot be done by a court motion. Parental rights termination more closely resembles a move made by the Child Protective Services or the Department of Health and Human Services (DHHS) (CPS). The best you can probably hope for is a court motion to change your ex’s parenting time.
Why Are Courts Biased Towards Keeping the Family Together?
There is some level of animosity between the spouses in the majority of divorce cases. The continued bond parents need to have may occasionally be impacted by this. Arrangements for visits may give rise to disputes. Accusations may be made when the custodial parent reschedules, cancels, or ignores a visitation as required by the agreement.
One of these accusations or allegations may be extreme, such as abandonment, in order to expose the parent to claims that could result in the termination of parental rights. If you are the one making these allegations or accusations, you will find it difficult to get the court to listen to you. Or you may find the court seems biased to some degree.
The court is not actually biased for or against you or your ex spouse. The court is biased towards the best interest of the child.
The whole point of having a mandatory waiting period in a divorce process is to ensure time is provided for reconsideration or for reconciliation of both spouses. It gives the parents time to think and to worry about the life of their children after divorce. The position is to look at divorce as the last resort not the first and only one in resolving unhappiness in marriage. Such logic is carried over to the determination of child custody cases. Separating parents from children or undermining their relationship should not be an option for ex spouses.
The laws of Michigan state that children should get along well with both parents. The court must consider the best interests of the child while deciding whether to grant or modify custody. The phrase “best interests” refers to a set of standards established by law.
The ability and willingness of each party to support and foster a healthy, long-lasting parent-child relationship between the child and the other parent or the child and the parents is one of the decisive considerations. This demonstrates how, legally speaking, limiting or denying parental time directly conflicts with the child’s best interests.
If the court is strongly opposed to limiting or denying parental time, how much more for the dissolution of the parent-child relationship most especially in Michigan.
How Do You Lose Parental Rights? What Conditions Can Make You Lose Parental Rights?
One of the most dreadful things a parent may hear is the phrase “termination of parental rights.” Fear of losing a child to “the system” can motivate a parent to make changes in their life for the sake of the child. Some people, however, find relief in termination since they are aware that they are unable to support their child but are unable to seek assistance. Some parents choose to voluntarily end their parental involvement because they believe it is best for the child.
The process for terminating parental rights is arguably one of the greatest and most severe legal safeguards available to protect vulnerable children. A termination proceeding is frequently a crucial step before the adoption of the child. After termination or approval of adoption, parental rights may be restored in several states.
Parental rights once revoked in Michigan, cannot be restored.
What Is the Statutory Basis for Losing Parental Rights in Michigan?
The parental rights of the birth parents will be terminated before the child is made available for adoption. This is sometimes done with everyone’s cooperation, and other times it needs to be disputed. For instance, the birth parent must agree to the termination if a stepparent wants to adopt their stepchild. Otherwise, the parental rights of the birth parent must be contested and they must have been estranged from the kid for at least two years.
In Michigan, parental rights can be revoked in one of two ways. One is covered by the Adoption Code, and the other is covered by the Juvenile Code.
MCL 710.21, the Adoption Code’s governing statute, specifies how parental rights are terminated so that a child can be placed for adoption. If stepparent adoption is involved, this can be done with consent or it can be disputed. If a disagreement occurs, 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 resources to support the child but did not. The step-parent adoption cannot go forward without everyone’s consent if these two requirements are not met.
However, if a child is abused or neglected, the court may suspend a parent’s rights under the Juvenile Code, MCL 712.A1. Although anybody may file this petition, the Department of Health and Human Services (DHHS) and the prosecutor’s office are typically the ones to do so. In some situations, the court will let the parent explain what led to the abuse or neglect. However, there will be stringent guidelines, court oversight, and time constraints placed on the parents.
What Are the Two Ways You Can Lose Parental Rights in Michigan?
Parental rights can be terminated legally, severing all connections to the child that the parent may have. The parent will no longer be entitled to make decisions for the child, have visiting privileges, or be informed of court actions involving the child.
In Michigan, rights can be terminated voluntarily or involuntarily. Involuntary termination happens when a parent’s rights are terminated without cause, whereas voluntary termination happens when a parent voluntarily gives up their parental rights. A parent, legal representative, or government organization can start an involuntary termination.
Voluntary termination
When a parent no longer wants or is unable to raise a child, voluntary termination of rights frequently occurs in adoption scenarios. If, for instance, a stepparent wants to adopt the child, the relationship might be terminated by mutual consent or through litigation. Additionally, a parent’s rights might be questioned in court if they haven’t had direct contact with their child for two years and haven’t continued to provide financial support. Keep in mind that losing the right to custody of your child in a divorce or refusing to pay child support does not equal the termination of your rights.
Michigan courts almost always choose to give the parents a chance to settle the matter that led to this stage rather than automatically leaning toward the termination of parental rights. However, once the court decides to revoke parental rights, that decision is irrevocable.
Since judges are sometimes reluctant to do so, it could be challenging to terminate parental rights freely. Usually, someone must be waiting and willing to adopt the child in question. If the custodial parent is against the voluntary termination, it is highly unlikely that it will be accepted by the court.
Involuntary termination
Parental rights can be terminated legally, severing all connections to the child the parent may have. The parent will no longer be entitled to make decisions for the child, have visiting privileges, or be informed of court actions involving the child. In Michigan, rights can be terminated voluntarily or involuntarily. Involuntary termination happens when a parent’s rights are terminated without cause, whereas voluntary termination happens when a parent voluntarily gives up their parental rights. A parent, legal representative, or government organization can start an involuntary termination.
Rights shall be terminated if the court establishes that child abuse has occurred or is occurring and there is a plausible likelihood a child could suffer further harm if returned to the parent. In Michigan, involuntary termination of parental rights can happen because of any or combination of any of the following:
- [ a ] The child has been abandoned by the parents.
- [ b ] The parent is mentally ill or incapable and cannot raise the child.
- [ c ] The child was neglected by the parent.
- [ d ] The child has been physically or sexually mistreated by his or her parent.
- [ e ] The parents got divorced, and one of them is attempting to terminate the rights of the other.
- [ f ] The parent has been found guilty of murder or felony assault leading to the death or serious impairment of another child’s physiological functions.
- [ g ] The parent has failed to provide the child with sufficient care and custody.
All of these are crimes, so in addition to the termination of parental rights, criminal charges might also be filed by a prosecutor.
Can I Get My Ex Spouse Parental Rights Terminated?
If you look at the letter of the law, you can actually seek out the termination of parental rights of your ex. So the answer to the question is Yes. You have to have very solid grounds when you do pursue termination of parental rights. One of the most common grounds or allegations made in support of termination is abandonment.
If a parent has been absent from the child’s life for an extended length of time without offering any type of support, you may be able to terminate their parental rights.
The courts are particularly reluctant to make the decision hastily and without giving the opposing party the appropriate notice since terminating parental rights is a very serious matter. The procedure may go more quickly if you are aware of the whereabouts of the other parent. It will take a little bit longer if you don’t know where they are, but it’s still achievable.
Keep in mind family courts do not take lightly the termination of parental rights because it is such a serious matter. Any allegation or accusation made against the other spouse must be supported by sufficient evidence.
Don’t forget, whatever allegations you make will be under oath. Lying to the court will carry severe consequences to your own parental rights. Talk to your attorney before considering any action leading to the termination of parental rights.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.