• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

process to terminate parental rights

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mhuisjen

Member
What is the name of your state? Michigan

To make a long story short, the biological father has not had contact with my daughter in 9 years ( she's 10 now) he is behind over 8,000 in support. My husband wants to adopt her. We had a hearing about parenting time last Friday and he was denied parenting time pending my filing of a petition (the referee stated it wouldn't be in the best interest of my daughter to establish parenting time when he believes my petition will be granted to take away her biological fathers rights) to terminate his rights. I know I have the grounds to terminate because its been more than 2 years with no contact. they did a child interview last Thursday and my daughter stated she didn't want to know him and wanted my husband to adopt her. All of my research says "file a petition" but I cant find the form to do so. And the FOC in the county I live in now wont give me any information and just tell me their not allowed to help me because its technically legal advice. is it through DHS? do I open a case through DHS? the case through FOC is a different county than we live in now so its an added pain. I just need to know what my first step needs to be in the process and if someone could help me find this petition form I need.
 


Just Blue

Senior Member
What is the name of your state? Michigan

To make a long story short, the biological father has not had contact with my daughter in 9 years ( she's 10 now) he is behind over 8,000 in support. My husband wants to adopt her. We had a hearing about parenting time last Friday and he was denied parenting time pending my filing of a petition (the referee stated it wouldn't be in the best interest of my daughter to establish parenting time when he believes my petition will be granted to take away her biological fathers rights) to terminate his rights. I know I have the grounds to terminate because its been more than 2 years with no contact. they did a child interview last Thursday and my daughter stated she didn't want to know him and wanted my husband to adopt her. All of my research says "file a petition" but I cant find the form to do so. And the FOC in the county I live in now wont give me any information and just tell me their not allowed to help me because its technically legal advice. is it through DHS? do I open a case through DHS? the case through FOC is a different county than we live in now so its an added pain. I just need to know what my first step needs to be in the process and if someone could help me find this petition form I need.
Adoption is not a do it yourself project. Hire an Adoption Attorney.
 

LdiJ

Senior Member
What is the name of your state? Michigan

To make a long story short, the biological father has not had contact with my daughter in 9 years ( she's 10 now) he is behind over 8,000 in support. My husband wants to adopt her. We had a hearing about parenting time last Friday and he was denied parenting time pending my filing of a petition (the referee stated it wouldn't be in the best interest of my daughter to establish parenting time when he believes my petition will be granted to take away her biological fathers rights) to terminate his rights. I know I have the grounds to terminate because its been more than 2 years with no contact. they did a child interview last Thursday and my daughter stated she didn't want to know him and wanted my husband to adopt her. All of my research says "file a petition" but I cant find the form to do so. And the FOC in the county I live in now wont give me any information and just tell me their not allowed to help me because its technically legal advice. is it through DHS? do I open a case through DHS? the case through FOC is a different county than we live in now so its an added pain. I just need to know what my first step needs to be in the process and if someone could help me find this petition form I need.
Your first step is to hire an adoption attorney. This is not something that you should attempt without one.
 

justalayman

Senior Member
Just to explain the others aren’t being unnecessarily curt.

Removing a legal fathers parentage rights is a very serious action. The state and the courts acknowledge it should not be done outside of very limited situations. Due to that, it is extremely important to ensure all i’s are dotted and r’a are crossed. You do not want there to be any possibility of the father being able to object or reverse the action due to some clerical error or missed form.

An attorney is a really good idea
 

mhuisjen

Member
Just to explain the others aren’t being unnecessarily curt.

Removing a legal fathers parentage rights is a very serious action. The state and the courts acknowledge it should not be done outside of very limited situations. Due to that, it is extremely important to ensure all i’s are dotted and r’a are crossed. You do not want there to be any possibility of the father being able to object or reverse the action due to some clerical error or missed form.

An attorney is a really good idea
I understand the need for an adoption attorney, and I figured that would be the main suggestion. I was told by a women at foc that there are plenty of people that file for termination without an attorney. Our case is so solid I know it will be granted. I also have the child interview and past orders as evidence and statements to show lack of support paid. I know an attorney is just added thoroughness. But I dont really wanna pay a few thousand just to have a lawyer's hand on everything to call it official. If that's the route I have to take then so be it. But I really just need to know how to start a petition on my own. Is it a hand written statement or a form? Is it possible to just get away with a consultation without having to actually hire an attorney?
 

justalayman

Senior Member
Google

Michigan adoption forms


The first 2 hits I got were official Mich.gov sites pertaining to adoptions. I didn’t go through them but I suspect if it is available, what you’re looking for will be there
 

LdiJ

Senior Member
I understand the need for an adoption attorney, and I figured that would be the main suggestion. I was told by a women at foc that there are plenty of people that file for termination without an attorney. Our case is so solid I know it will be granted. I also have the child interview and past orders as evidence and statements to show lack of support paid. I know an attorney is just added thoroughness. But I dont really wanna pay a few thousand just to have a lawyer's hand on everything to call it official. If that's the route I have to take then so be it. But I really just need to know how to start a petition on my own. Is it a hand written statement or a form? Is it possible to just get away with a consultation without having to actually hire an attorney?
It is unlikely that your state has any pre-written forms for a petition to terminate a parent's rights. Therefore, its likely something that you will have to draw up yourself. If you can find any blank pleading paper that would help you. You could also see if you could find some sort of template for a petition online.

You will have to file for the adoption along with the petition to terminate his rights. I do not believe that Michigan allows parental rights to be terminated unless there is an adoption happening at the same time. Which, again, is why you really need an attorney.
 

mhuisjen

Member
Step parent adoption form PCA 301b

PCA 302, 303, 304, and 305 deal with termination of parental rights.

Heck. There’s a boatload or forms you’ll need. Go here and scroll though the list.

https://courts.michigan.gov/Administration/SCAO/Forms/Pages/Adoption-Index.aspx
Thanks for the info! I've come across all of these before and wondered if the 302 was the one to go with because its both termination and adoption. I guess my next hill to climb would be who do I send it to? The county court house or DHS? I dont have any cases with this county I live in so I'm guessing I have to start one with someone. But I appreciate everyone's help!
 

mhuisjen

Member
OK so UPDATE: I just consulted a lawyer who told me not only does it have to be a at least 2 years of no contact it also has to be at least 2 years of no support. The non custodial parent probably pays something like 2 or 3 times a year and its never even the court ordered amount but she is telling me that's enough not to get his rights terminated. is this true??? if this is true I'll never get his rights taken away...he's court ordered to pay 150 a month I'm lucky if I see a 100 bucks every 3 or 4 months. he's behind over 8,000 in support which the lawyer said didn't matter. he just had a show cause for not paying support which is at an abeyance-they basically gave him a probation period to see if he pays, if not he gets 90 days in jail. no contact isn't enough? my daughter is 10 he hasn 't seen her in 9 years. my husband has been her dad for 7 years and wants to adopt her. im very frustrated.
 

Just Blue

Senior Member
OK so UPDATE: I just consulted a lawyer who told me not only does it have to be a at least 2 years of no contact it also has to be at least 2 years of no support. The non custodial parent probably pays something like 2 or 3 times a year and its never even the court ordered amount but she is telling me that's enough not to get his rights terminated. is this true??? if this is true I'll never get his rights taken away...he's court ordered to pay 150 a month I'm lucky if I see a 100 bucks every 3 or 4 months. he's behind over 8,000 in support which the lawyer said didn't matter. he just had a show cause for not paying support which is at an abeyance-they basically gave him a probation period to see if he pays, if not he gets 90 days in jail. no contact isn't enough? my daughter is 10 he hasn 't seen her in 9 years. my husband has been her dad for 7 years and wants to adopt her. im very frustrated.
Yes...That is true. Seriously...This isn't, nor should it be, an easy thing to accomplish. Hire an attorney to assist you.

Is your husband aware of the legal responsibility he is taking on? That if you and he divorce he may be ordered to pay child support for your child? And are you aware that if you divorce your HUSBAND may be awarded custody of your child and you may be ordered to pay him support?

Adoption counseling is highly recommended.
 

mhuisjen

Member
I don't appreciate the condescension. im aware this is a process, I contacted a lawyer who seems to think it wont work. I've contacted others and left voicemails because there's no way our case should be rejected based off of his support. am I not to have my child be adopted by my husband based off of maybe we will divorce? I am aware and so is my husband on all the possibilities that could happen should something happen to our marriage. if we need to hire a lawyer we will. I don't need the ''this is a process you idiot' undertones in your reply. I do have a lot to learn on the matter. But what I need to do is start the process. I don't need to be made to feel like an idiot. this is important to me. its in the best interest of my daughter to get this guy out from over our heads. my daughter had a child interview last week and made it very clear she wanted to be adopted. why wouldn't I try to get that done for her? if your not going to be helpful don't respond. or at least be more constructive with your input
 

Just Blue

Senior Member
I don't appreciate the condescension. im aware this is a process, I contacted a lawyer who seems to think it wont work. I've contacted others and left voicemails because there's no way our case should be rejected based off of his support. am I not to have my child be adopted by my husband based off of maybe we will divorce? I am aware and so is my husband on all the possibilities that could happen should something happen to our marriage. if we need to hire a lawyer we will. I don't need the ''this is a process you idiot' undertones in your reply. I do have a lot to learn on the matter. But what I need to do is start the process. I don't need to be made to feel like an idiot. this is important to me. its in the best interest of my daughter to get this guy out from over our heads. my daughter had a child interview last week and made it very clear she wanted to be adopted. why wouldn't I try to get that done for her? if your not going to be helpful don't respond. or at least be more constructive with your input
Wow. This was really uncalled for. I wasn't in any way, shape or form being condescending. You are very clear this is what you and your family want...logically one would advise the easiest and most effective way for you to get this done correctly. Read through the adoption thread and see how many DIY adoption went wrong. And you would be surprised at how many parents that adopted their spouses child want to not pay child support because the child isn't "really theirs". Or how many parents are aghast when the adoptive parent gets custody in the divorce. Making you aware of these possibilities is not condescending.
 

not2cleverRed

Obvious Observer
I don't appreciate the condescension. im aware this is a process, I contacted a lawyer who seems to think it wont work. I've contacted others and left voicemails because there's no way our case should be rejected based off of his support. am I not to have my child be adopted by my husband based off of maybe we will divorce? I am aware and so is my husband on all the possibilities that could happen should something happen to our marriage. if we need to hire a lawyer we will. I don't need the ''this is a process you idiot' undertones in your reply. I do have a lot to learn on the matter. But what I need to do is start the process. I don't need to be made to feel like an idiot. this is important to me. its in the best interest of my daughter to get this guy out from over our heads. my daughter had a child interview last week and made it very clear she wanted to be adopted. why wouldn't I try to get that done for her? if your not going to be helpful don't respond. or at least be more constructive with your input
There was no "condescension".

What the lawyer told you is true: paying support counts, even if it is not a full payment.

Therefore, you cannot and will not get Dad's parental rights involuntarily terminated based on "no contact".

Thus, you should consider the possibility of whether Dad might voluntarily agree to having his parental rights terminated. And he just might, because it doesn't sound as though he's interested in supporting his child.

On the other hand, he might not. Maybe he's not seeing the id because you won't let him. After all, you just went to court last week on the subject of denying him parenting time. Who initiated that?
 

Just Blue

Senior Member
BTW: You might want to remember that there in no "tone" in the written word. So there was no "undertone" in my post(s) to you. I never implied you were an idiot...if you inferred that ..well...perhaps you need to work on your self-esteem.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top