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Michigan Order Terminating Parental Rights/Rights of Person In Loco Parentis After Release or Consent

State:
Michigan
Control #:
MI-PCA-318
Format:
PDF
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This Order Terminating Parental Rights After Release or Consent is an official document from the Michigan State Court Administration Office, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.

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FAQ

Absent parent: If a parent has been absent for 6 months or more, the law allows the other, more responsible parent, to petition to terminate parental rights. Not just parents can terminate: in fact, anyone with an interest in the well-being of a child can attempt to terminate one or both parents' rights.

As such, the termination of parental rights is very rare. While you may feel that your deadbeat ex isn't worthy of the privilege of time with your child, the courts look on the matter differently, taking a child's needs and well-being into account over a parent's personal grievances.

California courts only allow parents to terminate their parental rights voluntarily under specific circumstances. Generally, it is only possible to give up parental rights for the purposes of adoption.

If your parental rights have been terminated by a court of law and/or your children have been legally adopted, in most states there is no provision for reinstating parental rights or reversing an adoption decree except under certain circumstances such as fraud, duress, coercion, etc.

There are two ways to terminate a parents rights in Michigan. One is under the Adoption Code, and the other is under the Juvenile Code. Under the Adoption Code, termination of parental rights are controlled by MCL 710.21, and the purpose of a terminating the parents' rights is to make the child available to be adopted.

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. A father may voluntarily relinquish his parental rights, or a court may terminate them.

Generally, the only way to remove parental responsibility from someone is to make an application to the Court. Although if someone has been given parental responsibility through a court order, then that responsibility would end once the court order is no longer in force.

You may voluntarily give up your parental rights if someone else wants to adopt the child, or if someone else has filed a petition to terminate your rights. You will typically need to go to a court hearing to let the judge know your wishes in person.

Parental rights can be terminated voluntarily by the parent(s) to allow an agency, independent, or stepparent adopfffdon to take place. Parental rights may also be terminated involuntarily when the court finds one or both parents to be unfit.

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Michigan Order Terminating Parental Rights/Rights of Person In Loco Parentis After Release or Consent