Michigan Grounds for Involuntary Termination of Parental Rights

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This informational guide reviews state laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.

In Michigan, there are specific grounds under which the court may consider an involuntary termination of parental rights, which is a serious legal process where a parent's rights to their child are permanently terminated. The grounds for involuntary termination aim to protect the best interests of the child and provide a safe and stable environment for them. Here are some of the key grounds for the involuntary termination of parental rights in Michigan: 1. Neglect or Abuse: If a parent has been found to have neglected or abused the child physically, emotionally, or sexually, the court may consider terminating their parental rights. This can include situations where the child's health or well-being is endangered due to the parent's actions or inaction. 2. Abandonment: If a parent has voluntarily abandoned their child for an extended period without providing support, care, or communication, it can be considered a ground for involuntary termination. Abandonment can be defined as the absence of any meaningful contact or financial support for the child. 3. Failure to Maintain Normal Parental Duties: If a parent consistently and without reasonable cause fails to provide proper care, supervision, or support to their child, it may be grounds for termination. This can include situations where the parent fails to address the child's educational or medical needs. 4. Substance Abuse: When a parent's substance abuse habit significantly impairs their ability to care for and provide a safe environment for the child, it can be seen as a ground for involuntary termination. Proof of substance abuse and its negative impact on the child's well-being is essential for this ground. 5. Mental Illness: If a parent has a severe, untreated, or uncontrolled mental illness that prevents them from adequately caring for the child, the court may consider it a reason for the termination of parental rights. A psychiatric evaluation or evidence of the inability to meet the child's basic needs might be required to establish this ground. 6. Felony Conviction: If a parent has been convicted of certain crimes, such as murder, rape, or child abuse, it can be a strong ground for involuntary termination of parental rights. The court will consider the impact of the parent's criminal behavior on the child's safety and well-being. 7. Failure to Establish Paternity: In situations where a child's biological father has not legally established paternity and failed to take necessary steps to acknowledge and support the child, the court may terminate his parental rights, typically so the child can be adopted. It is important to note that each case is unique, and the court will carefully consider all factors before making a decision. Involuntary termination of parental rights is a serious matter that requires compelling evidence, and the best interests of the child are the primary concern throughout the legal process.

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FAQ

To terminate a parent's rights, the Circuit Court must receive a petition requesting termination from the agency, the child, the child's legal guardian, the foster parent, the state children's ombudsman, or the prosecutor.

What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

Ing to MCL 712.19(b), the court may terminate parental rights for several reasons, including the court finding that the child has been deserted; the child or a sibling of the child has suffered physical or sexual abuse; the parent has failed, without good cause, to support the child; the parent is imprisoned; or ...

(a) The child has been deserted under either of the following circumstances: (i) The child's parent is unidentifiable, has deserted the child for 28 or more days, and has not sought custody of the child during that period.

An unfit parent is someone who is unable to adequately care for the child or, any parent who could harm the child. The court considers several factors when making this determination.

Risk to safety: An unsafe or unstable home environment may be one that is dangerous to the child. This may include being exposed to dangerous people such as new partners with serious criminal convictions or living in a very messy and dirty house which could cause illness or neglect.

Abuse and neglect Child abuse is the number one reason why a parent may lose custody of their child. Child abuse can take the forms of physical, mental as well as emotional abuse. Sometimes, physical abuse can come in the form of corporal punishment.

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Michigan Grounds for Involuntary Termination of Parental Rights