In Michigan, an “unfit parent” is a parent who has had their parental rights terminated by the courts. Parental rights terminations happen when the state believes it’s in the best interest of the child to be separated from their parent.
Grounds for Termination of Parental Rights
Section 712A.19b of the Michigan Compiled Laws explains the grounds for the termination of parental rights, which include child abandonment, abuse, and neglect, the conviction or imprisonment of the parent, and the termination of parental rights relating to siblings of the child in question.
Child Abandonment
Child abandonment happens when the parent deserts the child for 91 or more days and has not sought custody of the child during that time. However, if the identity of the child is unknown, abandonment happens after the parent deserts the child for 28 or more days.
Child Abuse
A parent may lose their parental rights to a child if the child or the child’s siblings suffered physical or sexual abuse. It does not matter if the parent is the one who committed the abuse. If the parent had knowledge of the abuse and the opportunity to prevent it but didn’t do so, they could lose parental rights.
Child Neglect
If a parent can support or partially support a minor child but has failed to do so, or if they can visit, contact, or communicate with the minor child regularly but have failed to do so for two years or more, they may lose parental rights.
Also, a court can determine that, despite being financially able to, a parent cannot provide adequate care for a child due to the child’s age.
Parental Conviction and Imprisonment
Section 712A.19b lists many crimes that could lead to the termination of parental rights if the parent is convicted. However, this termination is not automatic. The court will still determine if separating the child from the parent is in the best interest of the child.
Additionally, if the parent is imprisoned for more than two years and did not provide proper care to the child before the imprisonment, the court may assume they will continue failing to provide proper care afterward.
Previous Parental Rights Terminations
Parents whose parental rights have been terminated for some children may also have them terminated for others as well. In this case, it doesn’t matter whether the termination was voluntary or court-mandated.
For example, if a parent lost parental rights to one child due to ongoing neglect or abuse, they could also lose their parental rights to another one of their children, even if that child wasn’t neglected or abused. The courts need to weigh the likelihood that the remaining children could be at risk if left with the parent.
Child Custody Attorney Serving Michigan
Separating a child from their parent can be difficult for all involved. However, the most important thing to consider is the child’s well-being. If you believe your ex-spouse is an unfit parent, contact The Smith Law Offices, P.C, today to discuss your case with one of our child custody attorneys.
We can assist you in demonstrating to the court that your child is in a potentially dangerous situation and should be removed for their safety and well-being.
