You get cold in your marriage after having children and being married. After your divorce, the other parent starts to appear less and less in the home. On the part of the other parent, there is a definite absence. How long does my ex have to be absent for me to get sole custody? There’s really no number. A lengthy time can vary. It can imply various things to various people.

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There is no set moment at which to declare that you have given up. The best course of action is to submit a motion to modify parenting time and custody. Waiting for the other parent to return is not advisable. Instead of after this extended absence, file the motion now.

Who Is The Parent? Who Is The Absent Parent?

The parents of course in a typical family are the mother and the father. Obviously, the human being giving birth is the mother. The father can refer to two definitions: a legal father and the putative father.

A biological parent must carry out specific parental responsibilities for their child in accordance with numerous family legal principles. All biological parents are normally expected to perform the following two main duties:

[1] Providing for the child: This responsibility includes meeting a child’s fundamental needs, which include food, shelter, clothes, medical attention, education, and other necessities. Basically, everything that would necessitate payments for child support or custody.

[2] Caring for the child: The responsibility to care for children entails protecting them from harm and abuse as well as being concerned for their welfare. Additionally, it indicates that the child’s needs in terms of his or her physical, mental, and emotional health are being met.

In the case of the father, it is crucial to distinguish between a man claiming or being suspected of being the father who does not have any legal rights, known as a “putative father,” and a man whose parental rights are recognized by law.

The Legal Father

According to the Absent Parent Protocol or just “Protocol”, a legal father is defined as:

[a] A guy who, at any time between the child’s conception and birth, was married to the child’s mother.
[b] The child is legally adopted by a man.
[c] A guy who has been identified as the child’s legitimate father through a filiation order or paternity ruling.
[d] A guy whose parental rights have been established by law.
[e] A man whose fatherhood has been proven by the completion and submission of an acknowledgment of parentage in conformity with the Acknowledgement of Parentage Act.

Only children born in Michigan are covered by this Protocol’s definition of a lawful father. Other states’ laws can be different.

The Putative Father

A child’s alleged biological father is known as the “putative father.” A child can only have a putative father if they don’t have a legal father. A putative father is not allowed to take part in a child protective investigation if a legal father already exists.

The court may hold a putative father hearing to identify the alleged father, notify him, and provide him the opportunity to formally demonstrate his paternity of the child if the legal father’s paternity has been revoked in accordance with the Revocation of Paternity Act or if there is no legal father. A putative father may take part in the child protective process once he formally recognizes his paternity for the child or the court finds that he is the child’s legal father under the Paternity Act.

In order to provide direction for identifying and locating absent parents of children involved in the child welfare system, the Absent Parent Protocol (the “Protocol”) was created. The Protocol was created in response to the widespread understanding that identifying and involving missing parents removes a barrier to swiftly placing children in a permanent home. To make sure that all suitable placement possibilities for children in foster care are taken into account, the Protocol provides information on the necessity of and techniques for identifying an absent parent.

Absent Parents: They May Be Absent But They Have Rights

According to the Protocol a person who fits one of the following descriptions is an absent parent:

[a] The identity of the putative father, or legal parent, if there is no legal father, is not known.
[b] The whereabouts of the legal parent, or putative father, if there is not a legal father, is unknown.

A noncustodial parent in a domestic relations dispute is not regarded as an absent parent for the purposes of this Protocol unless his or her location is unknown. Additionally, for the purposes of this policy, a parent who is incarcerated is not regarded as an absent parent.

Since they are not involved in their child’s life, an absent parent will typically be unable to perform the two duties of a biological parent. As a result, the parent who is still actively involved in the child’s life may attempt to revoke the other parent’s parental rights.

However, there are circumstances where the child’s other parent might be gone.

This might take place if the person is dead, confined, or incompetent. In such a situation, another member of the immediate family, a legal guardian who has been appointed, or a state agency, such as child welfare services, may be able to ask that the rights of an absent parent be terminated.

The right to gain physical custody of a child belongs, in general, to each biological parent. The right to make significant legal decisions on behalf of one’s children is guaranteed to each biological parent. No matter how much engagement a parent has in their child’s life, family law principles typically recognize that they have some parental rights that must be upheld.

The following are some examples of both physical and legal parental rights:

[a] deciding what kind of medical treatment or what level of medical treatment a child can receive, such as having a specific surgery or getting vaccinated against a disease;
[b] deciding where a child should attend school and their arrangements for living during the week; and/or
[c] deciding how to raise a child in regard to their religious upbringing.

Even if a parent is not actively involved in their child’s life, they will normally be accorded the parental rights mentioned above. However, if the present biological parent wishes to pursue legal action, they may do so by submitting a petition to end the rights of an absent parent.

It’s Not Just Custody You Lose, Parental Rights As Well

A biological parent generally has both fundamental and constitutional rights to raise their child. Even if a parent is not actively involved in their child’s life, they can still make a claim to parental rights.

This general rule of thumb only applies unless a court has explicitly revoked the parental rights of an absent parent. This is possible if the present parent submits a petition and complies with all conditions to have the rights of the absent parent terminated.

Several elements must be proven by the petitioner in order to successfully end the parental rights of an absent parent over their kid. The petitioner will typically have to provide evidence that an absent parent acted in a way that was against the child’s best interests. Common instances of behaviors that might not be in a child’s best interests include:

[a] Failing to provide evidence (such as a DNA test) establishing their parental relationship to a child;
[b] Abusing the other living biological parent (for instance, by doing violent acts that fall within the definition of domestic violence or spousal abuse);
[c] Behaving in a way that would suggest that the absent parent was unfit to care for or raise their child (for example, being a failed recovering alcoholic or drug addict, engaging in illicit activity that would endanger their child, etc.);
[d] Behaving in a way towards the child that can be perceived as abusive or violent;
[e] Being convicted of a felony that puts them in jail and creates a criminal record, or committing a crime in front of a child; and/or
[f] Abandoning the child, which is one of the most common justifications given for requesting the termination of an absent parent’s parental rights.

Most states require a biological parent to demonstrate that the absent parent hasn’t spoken to or seen the child in at least four months.

Many people mistakenly believe that the word “abandonment of a child” exclusively refers to physically leaving a child unattended. But this is not the case. Extreme instances of emotional abandonment may also count as child abandonment. Since prolonged lack of physical touch or mental support for children can be harmful, the government takes such actions seriously and may file misdemeanor charges.

Even while each child abandonment case has its own unique details, there are a few typical behaviors that frequently result in criminal charges:

[a] Refusing to support, look after, or supervise the child.
[b] Leaving the youngster unsupported and without previously making arrangements for their upkeep.
[c] Leaving a young child unattended in a public space.
[d] Neglecting the child’s communication needs.
[e] Leaving the child at home alone for a lengthy period of time.
[f] Not ensuring the child receives regular visitation.

Always exercise caution when leaving your children without first consulting an experienced attorney. If you intend to take the children out of the house or have already done so, it is always a good idea to have a case open and a hearing set for a temporary parenting time order.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.