A Lawyer’s Perspective: Should You Stay Divorced for Your Kids’ Sake? #ChooseGoldmanLaw

There is a conflict between couples. They are not on the same page. Even though they are separating, they still have children. Should they still be married? Till the youngest child turns 18 and leaves for college, will you stay married? Just what does that imply? Does it matter if the divorce is filed right away or in six months? Do we need to wait another four years to get divorced? People may argue that you should keep your marriage for the sake of children. Here’s a lawyer’s perspective on the question, should you stay divorced for your kids’ sake?

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We may not feel that way as lawyers. There is a circumstance where the family feels dissatisfied. The myth that an unhappy home should be maintained for the benefit of children is wrong. In a miserable home, you cannot effectively raise your children. A home where arguments and fighting are constant. It is not a good example to set for the kids. What kind of marriage do you want to provide as an example for them? The children will seek their own home as the first location to find that example. It does not set a positive example for your children. Children will regard marriage as a tragedy that makes people miserable. You can still be good parents. You’ll always be a family.

What are legitimate reasons for ending a marriage?

Your justifications for divorce won’t matter much to the court. Whether they are reasonable or just plain foolish, it won’t matter. It can affect how decisions about child custody, spousal support, and child support are made. For instance, you don’t need to provide evidence of domestic abuse to get a divorce. Although the court won’t insist on it as justification, it may be a valid reason to end the marriage. Domestic violence is severe. Divorce-related issues, such as child custody, parenting time, and property division, can be influenced by it.

Domestic violence can be a legitimate driver for a divorce. The courts do not use it as the basis for granting divorce. Both alimony and property division are subject to the same consequences. One party may be considered by the court. It can award a larger percentage of the property to the victim of domestic violence. This is done to make up for the suffering or costs incurred as a result of the injuries.

There are many legitimate reasons to end a marriage. The courts need only to know if you have irreconcilable differences to grant a divorce.

Here are some of the top-ranking reasons for ending a marriage. These are the primary drivers for the filing of a divorce:

[ a ]  Lack of commitment

[ b ]  Incompatibility and growing apart

[ c ]  Infidelity or unfaithfulness

[ d ]  Money management disagreements

[ e ]  Communication problems

[ f ]  Substance abuse

[ g ]  Domestic abuse

[ h ]  Conflicts in managing family responsibilities

Women petition for divorce twice as men which translates to 31% of men and about 69% of women. Divorce rates rise while marriage rates have been dropping. Analysts estimate that 40% to 50% of current marriages will end in divorce. No-fault divorce is legal in Michigan. You are allowed to have them. Because of how the laws have changed, Michigan no longer requires a reason for divorce.

Michigan State and divorce. What is the state’s position on marriage and divorce?

The state’s position is clear on both marriage and divorce. The state will choose to preserve the marriage as much as possible. The whole point of the waiting period is to ensure that ending a marriage is not frivolous. It is to ensure the decision to end the marriage is not a spur-of-the-moment. The state has made it a priority and policy to defend the institution of marriage and the family unit. Keep the marriage as much as possible. Keeping it serves the best interests of the children. Many crucial moments might occur while waiting. It can be an opportunity for reprieve. A hurried and angered divorce filing may occur after a heated dispute. Partners engaged in conflict are provided some breathing room. In the interim, a waiting period allows them to decide if divorce is really what they want.

Couples might begin talking about their issues differently. It happens after a divorce case has been submitted to the court. It is a result of the anticipated separation. The waiting period for separating spouses gives them time to reflect on the idea of separation. Their idea of living alone is different from reality. This realization often comes after leaving home. While waiting, the couple has time to think about the possibility of reconciliation.

While it’s true that the state is biased toward preserving marriage, it also does not seek fault to end it. The state of Michigan declared itself a no-fault divorce state. Your partner cannot legally stop you from requesting a divorce. Your spouse’s approval is not required. Proof of marital infidelity does not need to be shown. You are not required to continue in the marriage, even how much your partner may want you to. It is not necessary to have a witness to dissolve a marriage. Simply stating irreconcilable differences in Michigan is enough for a divorce petition. Make it clear that there is no chance for a solution. Before the divorce is granted, you must attest to that fact to the court. This won’t prevent your spouse from opposing the divorce from being filed. It’s still possible for your spouse to make every stage of the process difficult for you.

Children and unhappy marriages. What is the impact of unhappy marriages on children? Should you stay married for the sake of the children?

Many parents worry that divorcing will harm their children permanently. Some parents worry so much about it. They keep staying in unhappy, tense, or even abusive marriages. What do the studies reveal? Is staying together for the sake of the children always best? The immediate response is “YES.” Children thrive in stable, predictable families. Families with two loving parents who care about both them and each other. Unless there is parental abuse or conflict, separation is unsettling, stressful, and destabilizing. If you are looking at children having a happy, fruitful life for themselves as adults, the answer is NO. Make every effort to make your marriage work, but don’t do it solely for the benefit of your children.

No parent should get a divorce without first prioritizing their child’s desire. A desire for a stable family unit over their own. Putting the needs of others before our own might inspire us. The majority of parents who divorce don’t first look into marriage counseling. Divorce is the only viable option when a relationship fails. It’s a solution that satisfies their demands. As shown by studies, divorce is challenging for children to understand.

Children might suffer from divorce as much as parents, who both suffer from it. Children will no doubt go through the strife, pressure, and turmoil of divorce. Many parents fail to control their own emotions through all that turmoil. It might be difficult for children to comprehend their parents’ marriage has ended. It can be less detrimental than the alternative. Being a member of a broken family is never simple. In many situations, it may be better for children to live with divorced parents. It is better than to continue living in a dysfunctional home. Children face the lifelong difficulties of being raised by parents in toxic marriages. Divorce’s challenges may be a preferable alternative.

High-conflict marriages are ones in which the spouses are angry and even violent. High-conflict marriages have physical altercations characterized by yelling, screaming, and slamming doors. It is manifested by breaking dishes, yelling names, and threatening behavior. High-conflict marriages also have a higher prevalence of domestic abuse. Children experience great stress when they are raised in a home with high conflict. Their parents are verbally, emotionally, and even physically violent to one another. Children’s emotional, mental, and physical health are affected by this type of stress. This is “toxic stress.”

Children have to deal with the effects of an endless cycle of arguments, anger, grief, and even hatred. This is the scenario when parents stay in a dysfunctional marriage. Children may suffer if exposed to constant disagreements, unfavorable undertones, and screaming. This is not to mention potential violence. This is a setting that is everything but quiet and pleasant. Ending a failing marriage by divorce is frequently the wisest option.

You can choose to leave or remain in an unhappy marriage. Take into account the lessons you might be imparting to the children. What do your behaviors show about you? How does it impact your child’s understanding of love? Love in the context of family and other people. Resentment might fester over time if it isn’t addressed. There is a significant probability that it will get worse. There’s also a danger that these unfavorable attitudes will rub off on your children. This might cause your child to feel perplexed, lonely, detached, and even guilty.

Children are more likely to have positive results when at least one parent:

[ a ]  Ensures the children feel safe and secure;

[ b ]  Is warm, affectionate, and open with the children;

[ c ]  Respect and speaks well of the other parent;

[ d ]  Cooperates with the other parent about matters involving the children;

[ e ]  Gives close but respectful supervision;

[ f ]  Encourages autonomy and empowerment;

[ g ]  Imparts effective coping and problem-solving skills;

[ h ]  Keeps up a network of social support with extended family, neighbors, and the community;

[ i ]  When necessary, seeks professional help for themselves or their children.

[ j ]  Facilitates ongoing, regular, and dependable contact with the other parent; and,

[ k ]  Has clear and reasonable expectations of the children.

Many children endure temporary issues and setbacks after divorce. The great majority of them recover within a year or two. Divorced children mature into happy adults. This is true for as long as they have at least one loving parent who is still concerned about their welfare. Children can gain from witnessing their parents’ choice for happiness and contentment. It is better than experiencing the inevitable harm that comes with divorce.

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Drug Addiction & Divorce #ChooseGoldmanLaw

How does drug addiction interplay with divorce? Marriage and family life are impossible for someone who is addicted to drugs. There are a lot of divorces that are being filed because of drug addiction. Only when it involves children does the court consider drug addiction.

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An accident may have caused someone to develop a drug addiction. In contrast to someone becoming hooked as a result of recreational use. Divorce and asset division will not be affected by substance abuse. Regardless of blame, the court considers drug addicts when it comes to custody. It does this assuming that both parents’ conditions are equal. In the best interests of the child, the court will consider drug use as a negative factor. The parent who does not use drugs is assumed to look after the child better.

What is substance abuse? How prevalent is it?

Substance abuse. The use of alcohol. The use of drugs over a sustained period impairs one’s ability to function. Impairment can mean interference with one’s employment, home, and social relationships. It can mean impairment of health in the preceding 12 months.

Non-medical use. Prescription medications are used for non-medical applications. The use of drugs without a prescription. Use of drugs with the sole purpose of feeling the effects of the drug. It has grown significantly across the country. The ramifications of substance abuse are extensive. It is affecting not just the person but also the family and society as a whole. It is critical to keep an eye on the prevalence of drug and prescription drug abuse in Michigan. There is a significant overlap between substance addiction and mental health.

National Survey on Drug Use and Health or NSDUH. 10.7% of Michigan adults 12 and older subject of a survey in 2010-2011 reported using illegal substances. The abuse was done in the previous month. The exclusion of marijuana reduced the expected use to 3.6%.

Poisoning overtook car accidents as the main cause of injury deaths in the United States in 2008. Over 90% of all poisonings since 2003 have involved drugs. These poisonings involving opioid analgesics (painkillers) seeing the biggest increase. In 2009, poisonings surpassed car accidents. It is the largest cause of injury-related deaths in Michigan.

There is a rising opiate usage among expectant mothers. Babies in the United States were diagnosed with opioid withdrawal symptoms. It nearly tripled in a decade. These neonates are more prone to experience breathing problems. They can have low birth weight. They will have feeding issues, and seizures if they have Neonatal Withdrawal Syndrome. It is also known as Neonatal Abstinence Syndrome or NAS. Recent research by MDHHS details this issue in Michigan. The research emphasizes how the prolonged hospital stays result in higher expenses.

How does drug addiction impact divorce?

The divorce process becomes more difficult when spouses have alcohol use disorder. Settlement talks can, for one thing, be far more challenging. Abuse of alcohol or drugs over a long period can harm the brain. It impairs one’s capacity for logical thought, decision-making, and self-control. There are emotional repercussions as well. It is estimated that 30 to 40 percent of drinkers also experience depression of some kind. If you or your spouse abuses drugs or alcohol, it may take longer to reach a settlement and finish the divorce.

A spouse’s drug or alcohol addiction may affect judgments. It can pack decisions made about the division of assets and spousal support. It can impact child custody, and parenting time from a strictly legal perspective.

Addiction will not affect divorce.

State no-fault divorce laws apply in Michigan. The court will grant a divorce. One spouse just shows up in court. Informs the judge that the marriage is irretrievably broken. Abuse of drugs or alcohol is not a concern in a divorce case. State no-fault divorce laws apply in Michigan. The court will grant a divorce if one spouse just shows up in court. Informs the judge that the marriage is irretrievably broken. Abuse of drugs or alcohol is not a concern in this case. For the use to be blamed for the marriage’s dissolution, it need not be harmful or addictive. It only needs to take place in a way that keeps you apart from your spouse and family. This most frequently happens when one partner prefers alcohol or drug use over the other. Your spouse may have tolerated your behavior in the past. It does not provide a full defense. Not against the claim that your actions caused the breakdown of your marriage.

Addiction can affect property division.

Michigan law provides that there must be “an equitable distribution of property. It has to be provided in light of all the circumstances.” The norm is to divide marital assets equally, or 50/50. The family court may give one spouse a larger share of the assets. It can do so as long as the court takes into account a specific list of factors. The court does not give disproportionate weight to any one factor. Documents must reflect the facts supporting the court’s decision. This is supported by many Michigan Supreme Court rulings. These considerations include the parties’ prior interactions and behavior. It includes the “fault” of one party for the divorce. One spouse abuses drugs or alcohol. The other spouse may receive a larger part of the marital estate or spousal support payments.

Addiction can affect the outcome of a child custody case.

The judge will decide on child custody and parenting time arrangements. The judge will use the best interest factors. The couple might not agree. The other spouse may be granted exclusive custody. This can happen if a substance-abusing spouse has been neglectful toward the children. The court can grant parenting time to a spouse who has a history of substance abuse. The court may order that person to submit to drug and alcohol testing as well as treatment. The court may also order supervised visits.

How do you deal with drug addiction in a divorce?

Substance misuse has costs beyond just money. Relationships have considerably lower levels of happiness than marriages without substance abuse. If a couple’s drug or alcohol addiction is not addressed, it is not difficult for them to end their marriage. Drug abuse has an impact on the addict. It has also an impact on the extended family as well as the family as a whole.

A drug user will initially make an effort to hide their drug usage from friends and family. They’ll often grow reclusive and difficult to reason with. As addiction worsens, the addict will give up their moral character. They will give up their friendships and family. They lose their jobs, their money, and anything else has to buy more drugs or alcohol. If the sober spouse interferes with the drug usage, the marriage becomes tumultuous. Marriage becomes nonexistent or even abusive.

The court can order the addicted spouse to enroll in a program. The better parent or ex-spouse can talk to an attorney. The ex-spouse can move for modification of custody until the addiction is resolved. You can also talk to your attorney for regular drug or alcohol testing. This is to ensure the safety of children during parenting time.

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What Happens If Your Ex is a Flight Risk? – Michigan Lawyers

What does it mean if your ex-spouse is a flight risk? Most of the time, when discussing flight risk, you are discussing criminal law. You talk about bonds. Someone is probably going to skip. By leaving, you breach the terms of the bail bond. This occurs with people who have no compelling motive to stay. Can your ex-spouse be a flight risk?

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Custody may be involved in some circumstances. One of the parents doesn’t have a job and is alone in Michigan. Nothing, in particular, keeps the co-parent in the state. Before taking action, Michigan’s courts frequently allow people to make mistakes. You have the chance to be a parent to your children. Courts do not intervene preemptively by making assumptions and acting on those assumptions. The courts will let you follow the rules as much as possible. There can be historical precedents. A parent is going missing together with the children. A co-parent could leave with the children. The parent can ask the court to prevent the child from leaving the state or country. Prevent the child from leaving without permission. The child or your ex-spouse has to ask the permission of the court or the co-parent’. Speak with your attorney if there is a flight risk.

What does flight risk mean?

Courts use the word “flight risk” to refer to a person or defendant who is most likely to leave the country or state. The assumption is that the person is trying to avoid being prosecuted for their crimes. The flight risk factor is taken into account by the courts. This is done when determining whether to release a defendant on bond. This aspect is taken into account while determining the bond amount as well. For defendants who pose a flight risk, courts may establish a larger bail sum.

Michigan has adopted a set of sentencing guidelines. The guidelines consider the seriousness of the crime and the offender’s criminal history. These considerations are insufficient to determine the release of accused criminals awaiting trial. Five studies say pretrial incarceration hurts the defendant’s case. This effect has ramifications. It will impact the defendant’s ability to maintain work, housing, and child custody.

A judge looks into various considerations listed in the Michigan Court Rules. This should be done before deciding the release of a defendant. It has to be considered before the commencement of the trial. These consist of the person’s state of mind and financial situation. This includes the employment situation, reputation, and ties to the neighborhood. The guidelines do not specify how much importance a judge should accord to any or all of these factors. Some research indicates that they might not contain all the elements. Elements that most accurately predict a person’s likelihood of leaving or engaging in new criminal behavior.

Some criminal courts have started to adopt actuarial science-based risk assessment tools. These tools seek the information most likely to anticipate a person’s risk to society. The courts use their information to assign each person a score. It indicates whether it is safe to release them. Risk assessments seek to estimate a person’s risk to society with accuracy. Courts shouldn’t place undue reliance on their outcomes. There are worries about their objectivity and accuracy. These tools try to produce individualized results by depending on statistical generalizations. They try to guarantee predictability and responsibility by relying on secret, opaque algorithms.

How do you handle an ex-spouse with a flight risk?

You may have apprehensions about letting your ex-spouse take your children on a trip. You’re not ready yet to let them have a vacation together. You’re citing flight risks as a reason. Proving flight risk can be challenging. It can be so especially if there is no history of such behavior. The real issue is how to change the custody arrangements to lessen your fear of flight risks.

Your ex-spouse’s decision to take your children on a spring break vacation is out of your control. Your ex has sole custody and departs the state or country. If your ex-spouse takes your children outside of the country, things will be different. To have their current address changed to a new one, your ex-spouse must submit a petition. This petition is open to objection. When your attorney files your objection, the court will decide whether to accept it or not. Though it might be your only choice, there might not be a better one.

The other parent must agree or a court order must be obtained. Any relocation to a home more than 100 miles away from the child’s present address is subject to this rule. One parent may want to move the child to a different state. The relocation must be approved by the judge even if it is close by. After the move, the co-parent can still show up at court sessions. As a co-parent, you can object. The court may demand judicial approval.

The Michigan state courts must receive a motion from the parent who wants to move the child. A motion may be made and supported in this way. Moving is frequently done. It’s done because of close family ties, professional obligations, or educational opportunities. You have the right to lawfully protest the move and ask for a judicial hearing. The court must consider many issues before rendering a ruling.

Here’s another thing to be cautious of. There may be a contentious custody dispute going on. It is possible to plan parental time schedules. Divorced or separated parents can reach an understanding. One of the parents may also violate it. A parent could be charged with parental kidnapping. A child is hidden and kept away from the other parent by one of the parents. It is a felony for which the punishment is either jail time or fines. Charges of parental kidnapping may be brought, and you may be found guilty. Your children may later have a different opinion of you, of course.

What are the consequences of leaving the state or country with children?

It is much more challenging to get a move approved by the court. It is especially true if both parents have joint legal custody. This is as opposed to having sole legal custody with one parent. This is because there is a custody agreement in effect between both parents. Both offer help, comfort, and necessities. The other parent’s ability to see the child will be impeded. It can happen when one parent moves to another state with the child. Without the other parent’s permission, you are not allowed to leave the state or country. If you did, you would go against the court’s directive. You run the possibility of losing your parental rights.

Consult your lawyer if you and the co-parent are unable to agree with your travel plans. It could be time to request a modification of your custody plan from the court.

Here’s something else to be on the lookout for, especially if your custody dispute was tense.

You can be accused of parental kidnapping and found guilty of it. Even if you have legal possession of your child as a parent, it might still occur. It can happen if parents divorce or separate established parenting time schedules. And one of the parents doesn’t follow it. Charges of parental kidnapping can be brought up. A parent who intends to keep and hide a child from the other parent. This can be a misdemeanor that entails paying fines or jail time.

In Michigan, parental kidnapping is a crime. It is if the prosecutor can prove the following beyond a reasonable doubt:

First, the kidnapper took the child. Or, has detained the child for more than a day.

Second, the offender intended to withhold the child from the parent or legal guardian. Legal custody or visiting rights at the time belonged to the parent or guardian. It is a person who either adopted the child or was the child’s legal guardian.

Disobeying a custody or parenting time order is a very serious offense. Parental kidnapping is also prohibited. If you are having issues with child custody or visitation, contact your lawyer right away.

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Court’s Approach When An Absent Parent Requests Parenting Time – Michigan Lawyers

Your ex-spouse has been absent from the picture for a while. When your ex-spouse arrives, your ex-spouse requests parenting time. What action will the court take to deal with an absent parent? As a parent, you have the right to raise your objection. You are entitled to communicate with your ex-spouse. Inform your ex-spouse that you haven’t spent much time with the children lately. The children could not be aware of the person’s identity. It will be traumatizing for the children. You’re not allowing parenting time just yet. What is the court’s approach when an absent parent requests parenting time?

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The challenge is that your ex-spouse will submit a motion for parenting time. The court will hear an explanation from your ex-spouse. Your ex-spouse will discuss how he or she was unavailable and how she is now prepared for parenting time. What is likely to happen in court? The judge will impose some type of interim parenting time. It will reestablish the parent-child relationship. It may begin with a small number of actions, such as phone calls. Be confident the court will use all reasonable means to bring the children back together with their parents.

Who is an absent parent? Do they have rights?

Of course, the mother and the father are the parents in a conventional household. The woman giving birth is the mother. A legal father or a putative father are two different ways to define the term “father.” A biological parent has unique duties toward their child. The following two tasks are often expected of all biological parents:

[ 1 ]  Providing for their child:

This duty entails addressing a child’s basic requirements. Examples of this are those for food, clothing, shelter, medical care, education, and other necessities. They are anything that would need child support or custody.

[ 2 ]  Caring for their child.

Protecting their children from damage and abuse. Acting on their welfare is part of the duty to care for the child. It shows the child’s requirements are met. Ensuring good physical, mental, and emotional health is being satisfied.

There’s a distinction between a guy who claims to be the father and a guy who is the legal parent. The guy is suspected of being the father but has no legal rights. This guy is referred to as a “putative father.”

The Legal Father

A legal father is defined as follows under the Absent Parent Protocol:

[ a ]  A man who was married to the child’s mother at any point between the child’s conception and birth.

[ b ]  A man who adopts the child legally.

[ c ]  A man who has been recognized as the child’s legal father by a paternity or filiation order.

[ d ]  A man whose parental responsibilities have been legally recognized.

[ e ]  An individual whose paternity was established by an acknowledgment of parentage. It is on the Acknowledgement of Parentage Act. 

The Absent Parent Protocol is sometimes known as the “Protocol.” The term “lawful father” as used in this Protocol refers only to fathers of children born in Michigan. The legislation of other states may differ.

The Putative Father

The “putative father” is the parent who is thought to be the child’s biological father. Only in the absence of a legal father can a child have a putative father. A legal father can already exist. A putative father is not permitted to take part in a child protective investigation. There can be cases where the legal father’s paternity has been revoked. Revoke under the Revocation of Paternity Act. There can be cases where there is no legal father. The court can hold a putative father hearing to identify the alleged father. Notify him, and give him the chance to formally establish his paternity of the child. The putative father can formally acknowledge his paternity for the child. The court can determine that he is the child’s legal father under the Paternity Act. He can take part in the child protective process.

The Protocol. The Absent Parent Protocol gives guidance for identifying and locating absent parents. These are parents of children involved in the child welfare system. The Protocol was developed in response to the consensus welfare system stakeholders. Locating and involving absent parents removes a roadblock to finding children a forever home. The Protocol has details on the requirements and methods for recognizing an absent parent. It ensures all appropriate placement options for children in foster care are considered.

The Protocol defines an absent parent as someone who fulfills one of the following descriptions:

[ a ]  If there is no legal father, the putative father’s or legal parent’s identity is unknown.

[ b ]  If there is no legal father. The parent’s whereabouts, or the putative father’s location, remain unknown.

Noncustodial parent. A parent is not considered an absent parent. Not in the context of the Protocol until his or her location is unknown. A parent who is incarcerated is not regarded as an absent parent for the Protocol.

An absent parent is unable to fulfill certain responsibilities of a biological parent. They are not actively participating in their child’s life. The parent actively involved in the child’s life can cancel the parental rights of the other parent.

There are situations where the other parent of the child might be absent. If the subject is incapacitated, dead, or imprisoned, this may happen. A party can request termination of parental rights. This could be another member of the immediate family. It can be an appointed legal guardian. Or, it can be a governmental organization, such as child welfare services.

Each biological parent has the right to request physical custody of their child. Each biological parent is entitled to make crucial legal decisions. Decisions made on behalf of their children. Family law concepts often acknowledge some parental rights that must be upheld. These rights are to be upheld regardless of how involved they are in their child’s life.

Examples of both physical and legal parental rights include the following:

[ a ]  Choosing the kind of medical care or the level of medical care a child can receive. Such care as allowing them to undergo a particular surgery. Allowing them to receive a vaccination against a disease; 

[ b ]  Selecting where a child should go to school and making plans for their weekday housing; and/or 

[ c ]  Making choices about a child’s upbringing in terms of religion.

The aforementioned parental rights are typically granted to parents. They may not be particularly involved in their children’s lives. The biological parent who is currently raising the child can decide to take legal action. They may do so by filing a petition to revoke the parental rights of an absent parent.

Can an absent parent lose parental rights?

A biological parent has the fundamental and constitutional right to raise their child. Parental rights can still be asserted. It is true even if a parent is not actively participating in their child’s life. The guideline only holds until a judge removed the parental rights of an absent parent. This is feasible if the current parent files a petition. This petition satisfies all requirements to have the absent parent’s rights removed.

A petitioner can end the parental rights of an absent parent over their child. The petitioner must prove some requirements. The petitioner presents proof an absent parent acted against the child’s best interests. Typical examples of actions that might not be ideal for a child include:

[ a ]  Failing to give proof of their parental kinship to a child, such as a DNA test.

[ b ]  Abusing the other biological parent who is still alive. (Example is committing violent acts. Acts that meet the criteria for domestic violence or spousal abuse.)

[ c ]  Acting in a way that suggests the absent parent is unfit to look after or raise their child. (For instance, being a failed recovering alcoholic or drug addict. Participating in illegal activities that might put their child at risk, etc.).

[ d ]  Acting in a way toward the child that might be interpreted as violent or abusive.

[ e ]  Committing a crime in front of a child. Receiving a felony conviction that results in jail time and a criminal record.

[ f ]  Abandoning the child. The most cited justification for asking to have a parent’s parental rights terminated. A biological parent must prove that the absent parent hasn’t spoken to or seen the child. Most states require that the biological parent has not been seen in at least four months.

 Sometimes, the term “abandonment of a child” is used incorrectly. People think it only means leaving a child unattended physically. Extreme emotional abandonment may qualify as child abandonment as well. The government takes such actions seriously and may press criminal charges. A lengthy absence of physical contact is unhealthy for children. The absence of emotional support for children can be damaging.

Every case of child abandonment is different. The following common activities typically lead to criminal charges:

[ a ]  Refusing to assist, care for, or watch over the child.

[ b ]  Leaving the child unsupported. Without prior plans for their maintenance.

[ c ]  Leaving a young child in a public place unattended.

[ d ]  Ignoring the young child’s needs for communication.

[ e ]  Leaving a child home by oneself for an extended amount of time.

[ f ]  Failing to make sure the child has regular visits.

Never leave your children unattended. Not without first seeking advice from a lawyer. It is usually a good idea to have a case open and a hearing scheduled for a temporary parenting time order. Do this if you intend to take the children out of the house or have already done so.

What are the implications of an absent parent requesting parenting time?

If you have children, it’s best to agree on temporary custody, parenting time, and a support plan. Settle this before you split up from your spouse. You can both ensure that your children continue to get along with each other. You might be unable to agree with your children before moving. Speak with an attorney straight away about this. You should make sure that you are keeping in touch with your children. You should do this in case there are issues with custody or parenting time. This should happen right after divorce to protect yourself.

There are situations in which a parent has abandoned their children. Including leaving them in a dumpster or the woods. They are still regarded as crimes. This is not frequently what people have in mind when they ask about divorce.

A parent can have a change of heart and come back. A parent may not have seen the child or been actively involved in the child’s life. It may be very difficult for the parent to get legal custody of the child. The parent may still be permitted to request parenting time. How long the parent has been gone will determine this. Smaller amounts of parenting time or visitation may be required initially. The court may order supervised or monitored visits. As the relationship between the parent and child strengthens, those can be extended.

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