There is a guardian over the children. Drug users, the parents. Can that someone keep the guardianship for kids of parents abusing drugs? The answer to the question is No. Guardianship is intended to be a short-term solution for kid protection. The reunion of parents and children is the ultimate objective.
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The court desires to reunite the family. A parent who abuses drugs or alcohol won’t have much trouble getting their children. The family may be reunited with the court’s approval, but it will take time. Only the children’s best interests are considered by the court during the proceedings. A drug addict in recovery must demonstrate to the court that they are capable of being a parent. A parent who is capable of acting in their children’s best interests.
What is guardianship?
A guardian is entrusted with legal responsibility. A responsibility of looking after the welfare of another person. There are times a person cannot make wise choices for themselves. Can’t take care of themselves. It can be due to age. It can be due to a physical or mental handicap. A guardian may be needed. Such guardianship is defined under Michigan’s Estates and Protected Individuals Code (EPIC).
A parent passes away. Legal guardianship can offer stability and a safe place to live for children. A child’s parent or parents are sometimes unable to care for him or her. Guardianship may also be the best course of action. An option for a variety of factors. Such factors could be incarceration, prolonged hospitalization, or in-patient mental health therapy. There are significant legal, psychological, or personal reasons to keep family links. These are links critical to minors and their biological parents. Guardianship may also be a mechanism to provide proper care for a child. It is most helpful in the event that a parent is incapable of doing so.
Being appointed a guardian is, by definition, a legal procedure. The court will appoint guardians. The parent and at least two more witnesses must sign a petition, a will, or another written document in order to appoint a prospective guardian. In some cases, a person can also ask to be granted complete guardianship of a minor.
Will substance abuse have an effect on parental rights?
Drugs or alcohol abuse does not prevent parental custody of children. The laws in Michigan are biased toward keeping families together. The discussion of rescinding parental rights requires the presence of substance abuse problems. It must have clear consequences resulting from the issue.
A Michigan court decides the child’s future. It takes into account a set of variables to pinpoint the child’s best interests. Even if it is a significant one, parental fitness is merely one of these elements. Someone acknowledges they have a problem with substance addiction. Someone can be mentally ill. They seek therapy for it. Someone receiving treatment differs from someone who denies the problem in many ways.
There are many other aspects that contribute to the best interests of the child. Many have less to do with parental competence. It has more to do with parents’ efficiency and adaptability. Some include the child’s preferences if that child is old enough to make meaningful opinions. It involves the emotional and physical requirements of everyone. Including parents and children. A history of physical abuse against the child is an important topic that could be explored. If substance misuse is a contributing element, the matter will undoubtedly be discussed. It will in no way absolve the past history of violence.
Substance abuse will not separate you from your children. It is the same with alcohol abuse. The domestic violence that results from your substance abuse or alcohol abuse will. Studies show a correlation between substance abuse and intimate partner violence or IPV.
A range of sources proves the coexistence of substance use and IPV. These sources include studies that use community samples and studies of particular groups. These samples are IPV survivors. These are people seeking medical treatment, substance use disorder treatment, or community services.
High rates of lifelong IPV are common in drug and alcohol-addicted individuals. A study of men and women beginning substance misuse treatment shows IPV data. 47% of the women said they were victimized by an intimate partner. Research on women seeking treatments for substance dependence revealed their IPV experiences. 67% of them had experienced IPV in the previous six months. Women using injectable medications say 31% had encountered IPV the previous year. The IPV was physical and sexual. Another study of women visiting a methadone clinic revealed their own stories. 90% had dealt with IPV at some point in their lives.
The lifetime and past-year rates of IPV among drug users are significantly greater. It’s greater than those discovered in recent national surveys.
There was a study focused on the presence of alcohol abuse in the family. Its findings were like the findings on drug abuse. It looked into the risk of childhood sexual abuse or CSA.
In the study, the abuser may be an alcoholic parent or another individual. The connection between parental alcohol abuse and CSA may be considerably more complex. both men and women can be sexual abusers and victims. The majority of studies in this field concentrate on women or girls who are abused by men.
CSA experiences for both men and women were connected to alcoholism in the family. The majority of victims were either assaulted by a relative or by a stranger. This suggests parental alcohol consumption put children at risk. They are more susceptible to sexual abuse from strangers.
It is not drug abuse or substance abuse that will cause you to lose parental rights. It is the violence and abuse that follows after your drug or substance abuse episodes.
How can grandparents get guardianship of their grandchildren? Can they get custody?
Michigan has put in place legislation granting grandparents visitation rights. There are no rules on custody. At least nothing to allow grandparents to get custody of their grandkids. In some situations and with particular requirements, a third party can adopt a child. Grandparents and their grandchildren are included under this third-party custody.
A person other than the parent is referred to as a third party in a custody dispute. A grandparent can seek legal custody of her grandchild under this title. The grandparent must first be designated as the child’s general or limited guardian. General guardianship denotes the child being temporarily placed in the grandparent’s care by the court. The child’s parents could not care for him because of their absence, neglect, or abuse. Grandparents may be granted guardianship by the child’s parents voluntarily. Limited guardianship is the term used for this.
You’re a grandparent with minor grandchildren from parents having drug abuse or alcohol abuse issues. Educate yourself on the three types of minor guardianship in Michigan:
General Guardianship
General guardianship comes by many names. They call it “general,” “permanent,” “regular,” “ordinary,” or “full.” This guardianship defines the care, custody, and supervision of a minor. It includes facilitating education and proper health care. It also involves assisting minors in safeguarding their finances and property. The guardians are required to submit an annual written report. It covers general health and any medical or mental health care the minors received. In some situations, it includes the state of the minor’s estate.
A guardian may be appointed if any of the following results in the termination of parental rights:
[ a ] a court order,
[ b ] divorce judgment,
[ c ] separation,
[ e ] death of parents,
[ f ] the finding of mental incapacity by a judge,
[ g ] disappearance, or
[ h ] confinement in a facility for detention.
Guardianship is possible if the minor’s biological parents have never been married. One parent has care of the child but dies or disappears. The other parent has not been given legal possession by a court order.
Guardianship may also be granted when a parent or parents allow a minor to live with someone else. That someone else was not given the legal right to be responsible for the minor’s upkeep and care.
You can be concerned for the welfare of a minor. Ask the court to appoint you as a guardian. Be a guardian if you’re 14 years of age or older. It could be family members, close friends, caseworkers, or even the minor themselves. You can be a guardian for an unmarried minor. You can be appointed by the court in Michigan under a variety of circumstances.
Limited Guardianship
A limited guardianship is an agreement. It is an agreement between the parents of the minors and the potential guardian. The limited guardianship agreement has to be approved by the court. All the rights and obligations of a full guardian apply to limited guardians. There are a few notable restrictions. For example, a limited guardian cannot approve the minor’s marriage or adoption.
Parental approval is required for limited guardianship. The agreement must stipulate there should be a limited guardianship placement plan. The placement plan must contain the following:
[ a ] The rationale for choosing a limited guardian.
[ b ] Plans established to preserve the parent-child relationship. This means parenting time and contact mechanisms.
[ c ] The time frame for the limited guardianship.
[ d ] Support provided financially for the minor.
[ e ] Any additional pertinent terms that the parties agree to.
The limited guardian may also ask to be appointed as the minor’s full guardian. This request cannot be justified by the suspension of parental rights. It cannot be so if it resulted in the limited guardian’s initial appointment. For parents, limited guardianship arrangements can be problematic. Talk to an attorney if you’re contemplating choosing limited guardianship.
The court may allow modifications to the limited guardianship plan. The parties must approve the modifications and must be in writing. The terms of limited guardianship are reviewed by the court every year for children under the age of six. Parents must submit the required paperwork. Parents can request to end the limited guardianship at any moment or withdraw their approval. In this case, the court must terminate the guardianship, albeit it might first order a hearing.
Temporary Guardianship
The courts may appoint you a temporary guardian. As a temporary guardian, you will have authority over the ward for a period of six months. The guardianship is in effect in situations where a minor’s safety is in danger. The minor ward is in need of immediate protection. You have all the rights and obligations of a complete guardian during this time. All these will be so unless otherwise limited by the court,
When a decision on a child’s welfare or health has to be made quickly. When a child needs to be urgently placed, a temporary guardian has to be appointed. While awaiting the outcome of an exhaustive hearing on a guardianship petition, this needs to be done. The court needs to convene a hearing and take testimony before appointing a temporary guardian.
Can grandparents take the grandchildren with them and move away?
A Michigan court will not grant exclusive custody or parenting time to just any person. It has to be one of the child’s parents. Unless there is an adoption when parents go through a divorce. Grandparent visitation. A term used in Michigan law describes specific rights grandparents have to see their grandchildren. Grandparent visitation is not always granted by the courts.
A grandparent is designated as a legal guardian. It is typically not possible for the grandparent to relocate with the child. You need the court’s permission. This is especially true with guardianship. Legal guardianships are frequently appointed on an emergency or temporary basis. A hearing still needs to determine the child’s long-term rights and responsibilities. A grandparent may be named as a permanent guardian with custody rights. They are designated as full guardians. The court determines through clear and compelling evidence the suitability of the guardianship. The guardianship should be ongoing and is in the child’s best interests. The grandparent will need a court order to move to another state.
When grandparents adopt a child, the grandparents get all parental rights. They are no longer required to get a court order before moving.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.