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