This informational guide reviews state laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.
Michigan Grounds for Involuntary Termination of Parental Rights
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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.