How to Adopt Your Step-Child in Michigan State
Adopting your step-child isn’t always easy in the state of Michigan, but it’s almost always at least possible. The most important question is, “Will the noncustodial parent voluntarily terminate their parental rights?” If the answer to that question is yes, you’ve practically succeeded already. If the answer is no, you might have a long fight ahead of you. But let’s back up a step.
What Is a Step-Parent Adoption?
Michigan recognizes step-parent adoptions under these conditions:
- A child’s parents were never married or they are currently divorced, and
- The child’s father acknowledges paternity or has had paternity established by the legal system, or had established a custodial relationship with the child regardless of paternity, and
- The child’s custodial parent has remarried or married for the first time, and
- The spouse of the custodial parent wishes to adopt the child.
The Easy Way
If the noncustodial parent acquiesces (by voluntarily terminating his or her parental rights over the child), and a judge deems the adoption to be “not against the child’s interests,” the process is all but automatic: a few forms to fill out, an hour in court, and a 21-day appeal period later, it’s all over. (If the child is 14 or over, they have the right to decline to be adopted, as well.)
The Hard Way
If the noncustodial parent refuses to give up their parental rights, then you have to prove that they should have their parental rights revoked involuntarily. That means proving that (from Michigan Compiled Laws 750.51 (6)):
- The other parent, having the ability to support, or assist in supporting, the child, has failed or neglected to provide regular and substantial support for the child or if a support order has been entered, has failed to substantially comply with the order, for a period of 2 years or more before the filing of the petition, and
- The other parent, having the ability to visit, contact, or communicate with the child, has regularly and substantially failed or neglected to do so for a period of 2 years or more before the filing of the petition.
In short, you have to prove that there has been no “substantial support” or visitation between the child and the parent for two complete years. (Because support orders already take the “ability to support” into account when they’re created, that part is assumed — you simply have to show that they haven’t made any payments in the last couple of years.)
The Michigan laws do require you to prove both of those facts in a court of law, and then gives the other parent 21 days to appeal (and thus provide contrary evidence), but if no appeal is entered or the appeal is lost, the process moves forward and the adoption should close quite rapidly.
Too much information?
We focus exclusively on family law matters so we are always available to answer your questions and help.
Leave a Reply