Child Custody IAQ: What If Neither Spouse Wants the Kid?
Child custody cases are extremely complex, and not just because of the human realities and emotional investment involved — they’re complex just on their own, as legal entities. That’s why we’re devoting a couple of weeks this month to a short Child Custody IAQ: Infrequently Asked Questions. Today’s questions involve the hopefully rare circumstance of a divorce in which neither parent wants to accept custody of the child.
Can Both Parents Opt Out of Custody?
That depends on the age of the child. In the state of Michigan, a child under FIND NUMBER months of age can be left safely at any fire department, police station, or hospital, whether the parents are getting divorced or not. Older children can be put up for adoption through the normal process even if the parents are divorcing, but if for any of many reasons the adoption process is inapplicable, one or both of the parents will end up with custody of the child.
Can Both Parents Opt Out of Child Support?
No. In fact, neither parent can ‘opt out’ of child support — if the court considers you a parent to the child, whether biological or not, you can get assigned the duty of child support. If both parents agree, a man who is not the child of the father can sign a Release of Parental Rights and become legally acknowledged as not related…but the court can still establish child support if they determine that the man has a relationship of support toward the child.
What Will a Judge Do if Neither Parent Wants the Child?
Whatever is in the child’s best interests. If the judge finds that the child is best served by being removed from the situation entirely (because both parents are abusive or neglectful, for example), they do have the authority to put the child into the foster system. More likely, however, a typical judge will assign one parent full custody and the other parent a child support payment between 25% and 33% of the expected total monthly cost of raising the child.
It’s important to know, however, that if you’re anxious and feel like removing the child from your lives is important to your future, acting in a criminal way toward your child (with neglect or abuse) will get you separated from your child…by bars. Don’t do it!
Too much information?
We focus exclusively on family law matters so we are always available to answer your questions and help.
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