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MI - TERMINATING PARENTAL RIGHTS: Is there any MI caselaws in which 1 PARENT Successfully terminated the other parents' rights?!

Pinckney, MI |

Does anyone know of ANY [Michigan] cases where the non-offending parent petitioned the court to terminate respondent parents rights, and succeeded in having them terminated (without the involvement of DHS/CPS, besides their & the APA's signing off on the petition w/o any direct involvement)?!?! Every caselaw I have found references "the department" [DHS] as petitioner, and is therefor useless in my case... Help me please!! We were never unwed & no custody or support order was ever filed, prior to my filing petition for termination, when child just turned 4 years old [he's now just a few months past 5]. Extreemly violent relationship, high lethality risks.. fled when child was 8 moths. Petition states multiple proveable statutorial grounds for term., DHS/CPS w\ere never involved however..?

Attorney Answers 2

Posted

It;s possible but difficult. You need a lawyer to help you. There are provisions in the law which allow for termination under certain limited circumstances. Again, it is tough and not something you will likely be able to resolve without an attorney. Email me at molson@mtolaw.com if you would like an appointment with a lawyer to discuss your options.

So there is no misunderstanding, my answer to your question does not establish an attorney/client relationship with me or my firm and such a relationship will not be established unless and until you personally retain me or my firm to represent you.

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4 comments

Asker

Posted

I've had 2 attorneys & been going through this for over a year. I just need specific caselaw to rebuttal the defense attorneys motion... That's all I'm looking for here. Caselaw, or relevant MCL/MCRs

Michael J. Olson

Michael J. Olson

Posted

Unfortunately it is unlikely that you will find your answer on a free website like this. The answer to your question will likely take some significant research after a full understanding of your circumstances. If your two lawyers cannot find the relevant cases or statutes that will be helpful, they likely don't exist. Good Luck.

Asker

Posted

I'm sure he could with significant research as you stated but, like this site, he too is providing his services sans charge [aka Pro Bono].. so that means I'm doing as much leg work as humanly possible and utilizing any possible sources I can to find this needed information. I posted this on here because I thought perhaps 1 of the 6,000+ attorneys who are answering questions on here might happen to know of a case... in the meantime, I continue to research... and hope.

Asker

Posted

This week the respondent’s attorney stated he’s filing a motion, bringing into question the courts right to take jurisdiction over my son. He’s arguing that since respondent was in prison [for Aggravated Stalking, of which I was the victim] at the time petition was filed, there was no “risk of harm to the child” by him, as he was physically unable to cause harm from prison. I’ve been trying to find case law to site in our response rebuttal, but everything I’ve found thus far involves DHS [‘The Department’] having either 1. At some point physically removed the child from respondent parents home &/or 2.DHS is petitioner on the termination… and therefore can’t be used by me because DHS has the assumed authority, in the context of the Law & Court, to make the determination “that there is a risk of harm to the child...”, by either their physical removal of child &/or by their filing of the petition. How do I prove that I had the authority to make the determination that there was a risk of harm for my child?

Posted

Generally, a parent cannot petition privately to terminate the rights of the other parent, unless it is associated with a petition for step-parent adoption by a new spouse, and even then, the statute has strict requirements. Consult an attorney about your specific situation to determine your legal rights.
Laurel Stuart-Fink
(248) 626-5450

This comment is designed for general information only, and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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