It is good to know the rules for parents in Michigan. Some rules are about staying a part of your child’s life. When a parent leaves and does not come back for a long time, it can be a big problem. This guide will use simple words to explain what the law says when a parent leaves a child.
What Does It Mean to Leave a Child?
The State Law: Michigan has laws for when a parent goes away. It is not just about moving to a new house. It is when a parent stops being a mom or dad to their child. The law looks to see if the parent tries to talk to or see their child at all.
More Than Not Being There: Leaving a child means more than just being gone. A judge will look at how the parent has acted. It means no calls, no visits, and no help for a long time. The law says this is a very big deal for the child.
Signs a Parent Is Gone:
- No Talking: The parent does not call or text the child.
- No Seeing: The parent does not try to visit the child.
- No Helping: The parent does not give money to help the child.
What a Judge Looks For:
- A Long Time: The parent has been away for many months or years.
- No Real Effort: The parent has not tried to be in the child’s life.
- The Child’s Good: The judge thinks first about what is best for the child.
A Real-Life Example: A father moved far away. He did not call his son for three years. He sent no cards for birthdays. The mom took care of the son all by herself. A judge said this was leaving the child.
How Long Must a Parent Be Gone?
The Two-Year Rule: The law in Michigan has a clear time rule. If a parent has no contact with their child for two years, it can be called leaving. This means two full years with no calls. It means no visits and no notes.
No Help for Two Years: The two-year rule also means not paying for the child’s needs. If a parent does not pay any child support for two years, that is also a big problem. A judge will see this as the parent not doing their job. You can watch a short film about what it means to leave a child.
Things to Check for Two Years:
- Did the parent make a call?: The judge can look at phone logs.
- Did the parent send a note?: The judge will look for any emails or cards.
- Did the parent try to visit?: The judge will ask if they tried to see each other.
What Does Help Mean?:
- Money for Care: This is money paid for things like food and a safe home.
- Doctor Bills: This can be money for when the child is sick.
- Buying Clothes: The child needs clothes for school and play.
A Real-Life Example: A mom went away. She did not talk to her little girl for more than two years. She also did not help pay for school or food. The dad showed the judge there was no contact and no money. The judge said the mom had left.
What Proof Do You Need to Show a Parent Left?
How to Show Proof: You must show proof to a judge that a parent has left. You can’t just say they are gone. You need to show real things that prove they have not been in the child’s life. This helps the judge make a good choice.
Words Can Be Used as Proof: At times, a parent will say they are done. They might send a note that says, “”I don’t want to see this kid.”” A note like this can be very strong proof. It shows they wanted to leave.
Kinds of Written Proof:
- Emails: Notes sent from the parent’s email.
- Text Messages: Texts sent from the parent’s phone.
- Letters: Mail that shows the parent wants to go away.
Kinds of Action Proof:
- No Birthday Cards: This shows the parent forgot special days.
- No Holiday Calls: This shows the parent did not call on big holidays.
- People Who Know: Friends or family can say they never saw the parent.
A Real-Life Example: A dad sent an email to the mom. It said he was starting a new life. He said he did not want to be a dad. The mom saved this email and used it in court four years later.
Does Not Paying for a Child Mean They Left?
Money Is a Big Deal: It costs money to raise a child. Both parents have a job to help pay for their child’s needs. If a parent does not pay for a very long time, a judge may think they do not care. It shows they are not acting like a parent.
It Is One Part of the Story: Not paying is a big piece of the story. When a parent does not pay and also does not call, the case is very strong. The judge looks at all of these things to make a choice. These issues are very important in cases about the care of a child.
Why Paying Is Important:
- It Shows You Care: Giving money shows you want to help your child.
- It Is a Parent’s Job: The law says both parents must help the child.
- It Helps the Child: The money is for food, a home, and other needs.
What if You Have No Money?:
- Tell the Judge: You have to tell the court if you lose your job.
- Do Not Just Stop Paying: You cannot stop and not tell anyone.
- Still Call Your Child: Even if you can’t pay, you must still try to talk to your child.
A Real-Life Example: A parent lost his job. He could not pay for a few months. But he called his child each week. The judge saw that he still cared and said he had not left his child.
What Happens if a Judge Says a Parent Left?
The Judge’s Main Job: The judge’s main job is to keep the child safe. The judge wants the child to have a good home with a parent who is always there. The child’s well being comes first.
Losing the Right to Be a Parent: If a judge says a parent left, that parent can lose their rights. This means they can’t make choices for the child. The parent who stayed will be able to make all the choices about the child’s life, like where they go to school.
Choices a Judge Can Make:
- Give Full Care to One Parent: This means the child lives with one parent all the time.
- One Parent Makes All the Choices: That parent picks the school, doctor, and so on.
- Stop All Visits: The parent who left may not be able to see the child.
What Every Child Needs:
- A Good Home: A home where the child feels safe and is loved.
- A Parent Who Cares: A parent who is there for them day after day.
- A Clear Future: A child needs to know who will care for them.
A Real-Life Example: A mother was gone for five years. The dad went to court. The judge saw the dad was a good parent. The judge gave the dad full power to make all choices for his son.
Can Leaving a Child Allow for Adoption?
The Path to Adoption: Yes, when a parent leaves, it can allow for adoption. In Michigan, a child cannot be adopted if they have two parents in the eyes of the law. The rights of one of those parents must be ended first. This is a very serious step.
Ending a Parent’s Rights: A judge can end a parent’s rights if they left their child. When rights are ended, that person is no longer the child’s parent by law. This lets a new person, like a stepmom or stepdad, adopt the child. This short film asks what is seen as leaving a child and explains more.
How Adoption Can Happen:
- A Parent Leaves: The parent is gone for years with no word.
- A Judge Ends the Rights: The judge says the parent is no longer the legal parent.
- A New Parent Steps Up: A new person asks the court to adopt the child.
Who Is Able to Adopt?:
- A Stepparent: The new wife or husband of the parent who stayed.
- A Family Member: A grandma or grandpa who cares for the child.
- A Good Adult: Any adult who loves the child and wants to be their parent.
A Real-Life Example: A girl’s dad left when she was a baby. Her mom got married again. Her stepdad raised her like his own. The judge ended the first dad’s rights. Then the stepdad was able to adopt her.
Can a Parent Return After Being Gone?
It Is Very Hard to Return: Coming back after many years is not easy. A parent can’t just come back and think things will be the same. A judge will want to know why they were gone. The judge will want to know if they can be a good parent now.
You Must Show You Are New: The parent who comes back must show they have changed. They must prove they are ready to be a good mom or dad. They may need to get a good job and a safe home. You can learn more by asking, can a parent get back care of a child after years of being gone?
What a Judge Will Ask:
- Why Did You Leave?: The parent needs a very good reason.
- Did You Try to Call?: They must show they tried to stay in touch.
- Are You Ready Today?: They must prove they can be a good parent now.
Steps You Must Take:
- Ask a Lawyer for Help: A lawyer can tell you what to do.
- Follow the Rules: You may need to take parent classes.
- Be Patient: It takes a long time to prove you have changed.
A Real-Life Example: A dad was gone for four years. He wanted to see his kids. He went to a judge. The judge made him go to classes. Then he could slowly start to see his kids again.
What Do I Do if a Parent Left My Child?
Get Help from a Good Lawyer: If your child’s other parent is gone, you should get help. A lawyer who knows about family rules can tell you what to do. They can help you protect your child and your family.
Keep Your Child’s Life Safe: Your child needs a life that is steady and safe. When one parent is gone, the other parent needs to make choices for the child. A lawyer can help you ask a judge for the power to make these choices. You can talk to the family law team at our office.
Why You Should Get Help:
- The Law Is Not Simple: A lawyer knows all the rules of the court.
- They Can Talk for You: A lawyer can speak to the judge for you.
- They Keep You Safe: They make sure you and your child get a fair chance.
What to Do First:
- Write It All Down: Keep a list of all the missed calls and visits.
- Save All Notes: Keep any emails or texts the other parent sent.
- Call a Law Office: Make a call to get help with your case today.
A Real-Life Example: A mom was worried. Her child’s dad had not been seen for three years. She called a lawyer. The lawyer helped her go to court. She got full care of her child so she could make all the choices.
What It Means to Give Up: Sometimes a parent will say in their own words that they are giving up. They might say, “”I am done being involved with this child.”” This is a very clear way of saying they are leaving. This can be used as very strong proof in a court.
A Child Needs a Firm Rock: The law knows that a child needs someone they can count on. A child needs a parent who is like a firm rock. When one parent is gone, the court will help the other parent be that rock for the child, so the child feels safe.
Frequently Asked Questions:
1. What is the first step if my child’s other parent is gone?
You should talk to a lawyer who knows about family rules. They can give you advice on what to do.
2. Can a parent leave even if they live close by?
Yes, leaving is about not having contact. It is not about how many miles away they live.
3. Is one phone call a year enough contact?
A judge will look at how much a parent tried. One call a year may not be seen as enough effort.
4. What if a parent sends money but does not visit?
Not visiting can be part of a case for leaving. A judge looks at both trying to see the child and helping to pay.
5. Can I stop visits if the other parent does not pay?
No, you cannot stop visits on your own. You must have a judge give an order for that.
6. How do I show the other parent did not have contact?
You can use phone bills and saved texts. You can also have people you know speak for you.
7. Will a judge ask my child what they think?
A judge might ask an older child about how they feel. But the judge will decide if that is a good idea for the child.
8. What if the parent who left comes to court?
The parent has a right to come to court. The judge will listen to what they have to say.
9. How long does a case like this take?
The time is different for each case. It can depend on if the other parent fights it in court.
10. Does this go on a person’s public record?
It is part of a family court record. It is a finding in a civil court, not a crime.
11. Can a parent just agree to give up their rights?
Yes, a parent can choose to give up their rights. This has to be done in front of a judge.
12. What if both parents leave their child?
If both parents leave, the state will step in. The child may go live with a family member or a new family.
Contact Us Today
These problems are very hard for you and your child. You should not have to face them all by yourself. Our team knows how to help families with these hard times. We will handle your case with care. You can call or text us at (248) 590-6600 to talk about your case. You can also set up a free meeting with us to get help. Please Visit ChooseGoldman.com to learn more about how we can help you.