The case will be handled by the Juvenile Court. The Court will in some cases give the parent the opportunity to rectify the situation that caused the abuse or neglect, however, the parents are under some strict guidelines, court supervision and time lines. This is not something you want to handle alone!
If you are a parent who suspects the other parent is abusing or neglecting your child and wish to protect your child, please give me a call today so we can discuss what options you have and what the best court of action is. If you are a parent who is wrongly being taken to court over suspected abuse or neglect, we can help you as well. What is a Prenuptial Agreement in Michigan?
Do I Need to Avoid Probate? What is a No Fault Divorce? What is Legal Custody in Michigan. Divorce and Pets in Michigan. Enforcing Child Support Obligations in Michigan. Spousal Support and Alimony in Michigan. For example, following the divorce of the child's parents, a mother and stepfather may file an action seeking to terminate a father's parental rights for an adoption proceeding in which the father refuses to relinquish his legal rights voluntarily.
He can object to the termination and allege that it is not in the best interest of the child to sever the parent-child relationship. An action may also be filed with the court seeking termination of a father's legal rights based on child endangerment.
In many cases, the Department of Human Services or another state agency files an action seeking to terminate parental rights based on allegations of neglect, abandonment, or abuse.
In a case for adoption or child endangerment, the party filing the petition to terminate the father's parental rights has the burden of proving that grounds exist to sever the parent-child relationship permanently.
When the court grants a request for termination of parental rights, it is permanent. In some cases, a father may have a very short time to object or withdraw consent. During this time, a father may fight the court action and may petition for a court-appointed attorney if he cannot afford one.
In some cases, a judge may issue a court-mandated plan to allow the father time to correct the circumstances that led to the action's filing. The judge bases any decision to allow a father time to correct situations on the best interests of the child. However, when this short period expires, the termination of rights is permanent. Termination of parental rights severs all ties between the child and the father.
Fathers who consider relinquishing their rights or face their involuntary termination must act quickly to prevent losing their right to make decisions affecting their child's life and to be an integral part of their child's life, if that is their desire. Failing to act quickly may result in losing all contact with a child until the child is an adult. This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.
Types of Termination of a Father's Rights in Michigan Under Michigan law, a court grants a termination of parental rights under two circumstances: for an adoption or because the child's well-being or safety is at risk.
Voluntary Voluntary termination of parental rights is not intended to allow a parent to abandon his child because he does not want to care for the child. Involuntary The court may also choose to involuntarily terminate a father's rights under Michigan's Juvenile Code.
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