Custody: Giving up rights to youngest child only?

[AnonymousH]

Jurisdiction

Michigan

My story is a complex one. Married for 8, Divorced for 7 years (mother of 12 and 9 yr old girls) but ex was always in and out of our lives. He is an alcoholic and from what his family and I have experienced, a pathological liar. He also has a younger child from another woman, she's 5 yrs old and he gave up his rights to her voluntarily in 2012. I just found this out when all of his lies unraveled. His most recent ex girlfriend, his parents, and I all have PPO's against him and his parenting time has been suspended. He has been violent, stalks me, broken my property and his ex girlfriends, he has been in and out of rehab and jail. He has left nothing but a path of destruction on anyone who has cared for or tried to help him. I have supported and cared for my girls all of these years, by myself. I own a home, I get no child support except the occasional $50 when the court brings him in for a hearing. He won't keep a job and has never had his own place. If he wanted to see his children, I would think he would have gotten his life together by now.

I want to get away. I need to get out of MI. I want warmer temperatures and a bigger city where my kids will have better opportunities. We are unhappy here. We need peace in our lives and having him in and out of it has just wrecked my nerves. My girls aren't interested in seeing him and they don't seem to mind. I want to get sole legal custody and move out of state, however I am afraid the courts will prefer to keep a father in the children's lives, no matter how detrimental it may be. Does his voluntarily giving up rights to his youngest daughter have any bearing on custody of my daughters? I don't understand why he would give that one up but continue to harass me and cause us hell whenever it is convenient for him to do so. Please help. I don't know how much more I can handle.

 

[txls]

There is no way to know for sure what will happen when you go to court. You make your case for sole custody and he makes his case for not(if he shows up) and the judge decides.

 

[army judge]

Michigan law allows a parent who wishes to terminate his or her parental rights to do so by expressing their written consent to do so. However, termination is never as simple as it might sound. When the parent offers his or her written intent to voluntarily terminate his or her parental right, even if both parents are in agreement that the parental rights should be terminated, a judge must determine whether the parental rights are being terminated for a good cause.

Voluntary termination of parental rights is extremely challenging because judges are reluctant to terminate said rights. Courts often expect someone to be waiting and willing to adopt the relevant child. Even if the custodial parent favors the voluntary termination, it is highly unlikely such voluntary termination will be granted.

In an involuntary parental rights termination, the court will demand compelling evidence that there are grounds for termination. The county attorney will usually litigate against such matters as NOT being in the BEST interests of the child(ren) in question, and the parties face a significant burden of proof.

Situations involving an involuntary termination often include:
Abandonment;
Failure to provide financial support to the child;
Failure to provide parental support to the child;
Unfit parent;

OR - If the parent has engaged in egregious harm to the child.

Parents are afforded every opportunity to demonstrate their fitness to raise the child before her or his rights to said child(ren) are terminated.

Even if the court grants the termination request, the child support obligation lingers (PAST, PRESENT, & FUTURE SUPPORT)!!!!!!!!!!

 

[AnonymousH]

He had abandoned her. He'd pop in and claim to be her dad but then he wouldn't contact her again for a long time. That's already done though. He has no rights to his youngest. Who signs off on one child and not the others? You can't say you want nothing to do with your youngest child but continue to harass the parent of your other children (whom you also don't stay sober long enough to be around and don't support financially) It's an unusual situation, I'm sure. Has anyone ever come across something like this?

 

[army judge]

He had abandoned her. He'd pop in and claim to be her dad but then he wouldn't contact her again for a long time. That's already done though. He has no rights to his youngest. Who signs off on one child and not the others? You can't say you want nothing to do with your youngest child but continue to harass the parent of your other children (whom you also don't stay sober long enough to be around and don't support financially) It's an unusual situation, I'm sure. Has anyone ever come across something like this?

Even if 1,000,000 people experienced your pain, and I'm sure 100 times that have, the answer is the same.

Abandonment alone won't change how the court will rule.

 

[AnonymousH]

I think I may have found the answer to my own question. I'm posting for anyone else who may find the information helpful.
In my case, either of the following would work. 1. Father has not seen or supported his children for 2 yrs or more and 2. father has voluntarily terminated parental rights to a sibling of (my) children.

(Taken from Legislature.mi.gov)
Section 712A.19b

PROBATE CODE OF 1939 (EXCERPT)
Act 288 of 1939

712A.19b Termination of parental rights to child; petition; hearing; record; findings; opinion or order; notice of hearing; suspension of parenting time; grounds for termination; "concerned person" defined.

Sec. 19b.

(1) Except as provided in subsection (4), if a child remains in foster care in the temporary custody of the court following a review hearing under section 19(3) of this chapter or a permanency planning hearing under section 19a of this chapter or if a child remains in the custody of a guardian or limited guardian, upon petition of the prosecuting attorney, whether or not the prosecuting attorney is representing or acting as legal consultant to the agency or any other party, or petition of the child, guardian, custodian, concerned person, agency, or children's ombudsman as authorized in section 7 of the children's ombudsman act, 1994 PA 204, MCL 722.927, the court shall hold a hearing to determine if the parental rights to a child should be terminated and, if all parental rights to the child are terminated, the child placed in permanent custody of the court. The court shall state on the record or in writing its findings of fact and conclusions of law with respect to whether or not parental rights should be terminated. The court shall issue an opinion or order regarding a petition for termination of parentalrights within 70 days after the commencement of the initial hearing on the petition. The court's failure to issue an opinion within 70 days does not dismiss the petition.

(2) Not less than 14 days before a hearing to determine if the parental rights to a child should be terminated, written notice of the hearing shall be served upon all of the following:

(a) The agency. The agency shall advise the child of the hearing if the child is 11 years of age or older.

(b) The child's foster parent or custodian.

(c) The child's parents.

(d) If the child has a guardian, the child's guardian.

(e) If the child has a guardian ad litem, the child's guardian ad litem.

(f) If tribal affiliation has been determined, the Indian tribe's elected leader.

(g) The child's attorney and each party's attorney.

(h) If the child is 11 years of age or older, the child.

(i) The prosecutor.

(3) The court may terminate a parent's parental rights to a child if the court finds, by clear and convincing evidence, 1 or more of the following:

(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. For the purposes of this section, a parent is unidentifiable if the parent's identity cannot be ascertained after reasonable efforts have been made to locate and identify the parent.

(ii) The child's parent has deserted the child for 91 or more days and has not sought custody of the child during that period.

(b) The child or a sibling of the child has suffered physical injury or physical or sexual abuse under 1 or more of the following circumstances:

(i) The parent's act caused the physical injury or physical or sexual abuse and the court finds that there is a reasonable likelihood that the child will suffer from injury or abuse in the foreseeable future if placed in the parent's home.

(ii) The parent who had the opportunity to prevent the physical injury or physical or sexual abuse failed to do so and the court finds that there is a reasonable likelihood that the child will suffer injury or abuse in the foreseeable future if placed in the parent's home.

(iii) A nonparent adult's act caused the physical injury or physical or sexual abuse and the court finds that there is a reasonable likelihood that the child will suffer from injury or abuse by the nonparent adult in the foreseeable future if placed in the parent's home.

(c) The parent was a respondent in a proceeding brought under this chapter, 182 or more days have elapsed since the issuance of an initial dispositional order, and the court, by clear and convincing evidence, finds either of the following:

(i) The conditions that led to the adjudication continue to exist and there is no reasonable likelihood that the conditions will be rectified within a reasonable time considering the child's age.

(ii) Other conditions exist that cause the child to come within the court's jurisdiction, the parent has received recommendations to rectify those conditions, the conditions have not been rectified by the parent after the parent has received notice and a hearing and has been given a reasonable opportunity to rectify the conditions, and there is no reasonable likelihood that the conditions will be rectified within a reasonable time considering the child's age.

(d) The child's parent has placed the child in a limited guardianship under section 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700.5205, and has substantially failed, without good cause, to comply with a limited guardianship placement plan described in section 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700.5205, regarding the child to the extent that the noncompliance has resulted in a disruption of the parent-child relationship.

(e) The child has a guardian under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, and the parent has substantially failed, without good cause, to comply with a court-structured plan described in section 5207 or 5209 of the estates and protected individuals code, 1998 PA 386, MCL 700.5207 and 700.5209, regarding the child to the extent that the noncompliance has resulted in a disruption of the parent-child relationship.

(f) The child has a guardian under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, and both of the following have occurred:

(i) The parent, having the ability to support or assist in supporting the minor, has failed or neglected, without good cause, to provide regular and substantial support for the minor for a period of 2 years or more before the filing of the petition or, if a support order has been entered, has failed to substantially comply with the order for a period of 2 years or more before the filing of the petition.

(ii) The parent, having the ability to visit, contact, or communicate with the minor, has regularly and substantially failed or neglected, without good cause, to do so for a period of 2 years or more before the filing of the petition.

(g) The parent, without regard to intent, fails to provide proper care or custody for the child and there is no reasonable expectation that the parent will be able to provide proper care and custody within a reasonable time considering the child's age.

(h) The parent is imprisoned for such a period that the child will be deprived of a normal home for a period exceeding 2 years, and the parent has not provided for the child's proper care and custody, and there is no reasonable expectation that the parent will be able to provide proper care and custody within a reasonable time considering the child's age.

(i) Parental rights to 1 or more siblings of the child have been terminated due to serious and chronic neglect or physical or sexual abuse, and prior attempts to rehabilitate the parents have been unsuccessful.

(j) There is a reasonable likelihood, based on the conduct or capacity of the child's parent, that the child will be harmed if he or she is returned to the home of the parent.

(k) The parent abused the child or a sibling of the child and the abuse included 1 or more of the following:

(i) Abandonment of a young child.

(ii) Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate.

(iii) Battering, torture, or other severe physical abuse.

(iv) Loss or serious impairment of an organ or limb.

(v) Life-threatening injury.

(vi) Murder or attempted murder.

(vii) Voluntary manslaughter.

(viii) Aiding and abetting, attempting to commit, conspiring to commit, or soliciting murder or voluntary manslaughter.

(ix) Sexual abuse as that term is defined in section 2 of the child protection law, 1975 PA 238, MCL 722.622.

(l) The parent's rights to another child were terminated as a result of proceedings under section 2(b) of this chapter or a similar law of another state.

(m) The parent's rights to another child were voluntarily terminated following the initiation of proceedings under section 2(b) of this chapter or a similar law of another state and the proceeding involved abuse that included 1 or more of the following:

(i) Abandonment of a young child.

(ii) Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate.

(iii) Battering, torture, or other severe physical abuse.

(iv) Loss or serious impairment of an organ or limb.

(v) Life-threatening injury.

(vi) Murder or attempted murder.

(vii) Voluntary manslaughter.

(viii) Aiding and abetting, attempting to commit, conspiring to commit, or soliciting murder or voluntary manslaughter.

(ix) Sexual abuse as that term is defined in section 2 of the child protection law, 1975 PA 238, MCL 722.622.

(n) The parent is convicted of 1 or more of the following, and the court determines that termination is in the child's best interests because continuing the parent-child relationship with the parent would be harmful to the child:

(i) A violation of section 316, 317, 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.316, 750.317, 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.

(ii) A violation of a criminal statute that includes as an element the use of force or the threat of force and that subjects the parent to sentencing under section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.

(iii) A federal law or law of another state with provisions substantially similar to a crime or procedure listed or described in subparagraph (i) or (ii).

(4) If a petition to terminate the parental rights to a child is filed, the court may enter an order terminating parental rights under subsection (3) at the initial dispositional hearing. If a petition to terminate parental rights to a child is filed, the court may suspend parenting time for a parent who is a subject of the petition.

(5) If the court finds that there are grounds for termination of parental rights and that termination ofparental rights is in the child's best interests, the court shall order termination of parental rights and order that additional efforts for reunification of the child with the parent not be made.

(6) As used in this section, "concerned person" means a foster parent with whom the child is living or has lived who has specific knowledge of behavior by the parent constituting grounds for termination under subsection (3)(b) or (g) and who has contacted the department, the prosecuting attorney, the child's attorney, and the child's guardian ad litem, if any, and is satisfied that none of these persons intend to file a petition under this section.


History:Add. 1988, Act 224, Eff. Apr. 1, 1989 ;-- Am. 1990, Act 314, Imd. Eff. Dec. 20, 1990 ;-- Am. 1994, Act 264, Eff. Jan. 1, 1995 ;-- Am. 1997, Act 169, Eff. Mar. 31, 1998 ;-- Am. 1998, Act 479, Eff. Mar. 1, 1999 ;-- Am. 1998, Act 530, Eff. July 1, 1999 ;-- Am. 2000, Act 46, Imd. Eff. Mar. 27, 2000 ;-- Am. 2000, Act 232, Eff. Jan. 1, 2001 ;-- Am. 2008, Act 199, Imd. Eff. July 11, 2008 ;-- Am. 2010, Act 7, Eff. Sept. 4, 2010 ;-- Am. 2012, Act 115, Imd. Eff. May 1, 2012 ;-- Am. 2012, Act 386, Imd. Eff. Dec. 19, 2012
Compiler's Notes:Enacting section 1 of Act 232 of 2000 provides:"Enacting section 1. Section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, as amended by this amendatory act, and chapter XII of the probate code of 1939, 1939 PA 288, as added by this amendatory act, do not apply to a proceeding that arises before the effective date of this amendatory act."
Popular Name:Probate Code
Popular Name:Juvenile Code