Termination of parental rights occurs in two possible ways: involuntary and voluntary. The former of course involves no choice in the matter; rights are revoked. The latter can happen when one or both of the parents can no longer or are unwilling to provide care for their child, or other cases when adoption is the likely next step.
What Causes Termination of Parental Rights in Michigan?
Parental rights may be terminated if the court determines that child abuse has occurred or is ongoing, and there is a reasonable likelihood that the child could face further harm if returned to the mother.
In Michigan, the following actions are considered child abuse:
- Abandonment of a child
- Severe physical violence
- Engaging in illicit sexual activity
- Killing or attempting to kill
- Sexual assault
- Causing a potentially fatal injury
These actions are criminal offenses, which means that alongside the termination of parental rights, criminal charges may also be filed. A trial will take place in family court to assess whether the child is in danger, based on the evidence presented by the prosecution.
Once a mother’s parental rights are terminated, her obligation to support the child ends. According to the Michigan Court of Appeals, when a mother relinquishes her rights, she waives both her parental rights and responsibilities, as stated in the Adoption Code (MCL 710). Section 29 of the law specifies that a parental support obligation is dissolved only when parental rights are revoked.
Similar to fathers, mothers can also face termination of parental rights due to their actions or inactions, such as abandonment, which can lead to the child’s eligibility for adoption.
Michigan courts typically prefer to provide parents with an opportunity to resolve issues before moving to the termination of parental rights. However, once the court decides to terminate these rights, that decision is final.
Defenses Against CPS
Attorneys specializing in Child Protective Services (CPS) can assist with:
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Case Evaluation and Strategy Development: attorneys begin by conducting a thorough evaluation of the CPS case, including reviewing relevant documentation, assessing allegations, and understanding the client’s circumstances. Based on this evaluation, lawyers develop personalized strategies tailored to the client’s goals and objectives.
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Representation in CPS Investigations and Hearings: Lawyers represent clients during CPS investigations and administrative hearings, ensuring that their rights are protected and their interests are advocated for. They communicate with CPS caseworkers, attend interviews and meetings on behalf of their clients, and challenge unfair practices or decisions made by CPS agencies. Advocacy in Court Proceedings:
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Negotiation with CPS and Other Parties: Lawyers engage in negotiation with CPS agencies and other parties involved in the case, such as guardians ad litem, social workers, and attorneys representing children. They seek to resolve disputes and reach agreements that serve the best interests of their clients and their families. Lawyers negotiate for reunification plans, visitation schedules, and other arrangements that promote family stability and child welfare.
Contact Kirsch Daskas Law Group
The attorneys of Kirsch Daskas Law Group specialize in cases involving children. We can confidently defend your rights and help your situation. Call our office at 248-792-3060 to schedule a consultation with our legal team. You may also contact our firm online.
