There are many different scenarios in which someone may want to adopt a child who has two living parents. Ideally, parents cooperate when an adoption is necessary for the safety and stability of minor children.
However, parents may not agree to give up their rights to allow for a familial or stepparent adoption. In such cases, it may be necessary to go to court to terminate parental rights as part of a contested adoption.
When do the courts typically agree to involuntarily terminate a parent’s rights?
1. Long-term desertion
Parents have an obligation to consistently meet the needs of their children. Parents who disappear, fail to visit or withhold financial support from their children may lose their parental rights as a result. The circumstances surrounding claims of desertion or abandonment dictate how long the state requires the abandonment to last before terminating parental rights.
2. Prior abuse
If the state has documentation affirming that the parent abused the child in question or one of their siblings, that abuse may warrant the termination of parental rights. Evidence of sexual violence or physical abuse causing significant injuries can be an adequate reason for the state to terminate parental rights.
3. Prior termination of parental rights
The law in Michigan allows the courts to terminate the rights of a parent who has already had their rights involuntarily terminated for a different child previously. The state can also terminate the rights of a parent who has previously voluntarily terminated their parental rights in Michigan or in another state.
There are a variety of unique circumstances that may convince the family courts that terminating a parent’s rights and permitting an adoption is in the best interests of a minor child. Discussing the circumstances surrounding a contested adoption can help aspiring adoptive parents navigate the legal process.