This guide provides an overview of how to give up parental rights. Topics covered include reasons for terminating rights, due process concerns, time deadlines, proving why termination is in the child's best interests, and state involvement in the termination process.
Michigan USLegal Guide to How to Relinquish Custody
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Multi-State
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US-GDE-13
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FAQ
Legal Custody and Physical Custody Legal custody means having the right to make important decisions about your children, such as where they go to school, what religion they are (if any), and major medical decisions. Physical custody refers to the children's living arrangements.
The judge must decide if joint custody is in the best interests of the child. The judge could award joint custody and equally divide the time the child spends with each parent. However, the judge could also award joint custody and not equally divide the time the child spends with each par- ent.
When an unmarried mother gives birth, she has full legal and physical custody until the parents legally establish paternity. Then parents have equal rights and responsibilities regarding custody (as well as child support) and can ask the court for custody orders.
Once paternity has been established, a father now has the same rights and obligations as any other parent. These rights include obtaining orders regarding physical and legal custody, having input into decisions concerning the child, spending quality time with the child and being responsible for supporting the child.
(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.
In Michigan, there are two ways that parental rights can be terminated: voluntarily or involuntarily. Under Michigan law, a parent who wants to terminate his or her parental rights may do so by providing written consent.
The reasons for petitions for termination include egregious wrongdoing by the parent or parents whose rights are to be terminated. These can include abandonment of the child, neglect, serious physical abuse, sexual abuse, severe injury, or even manslaughter or attempted murder.