The 2005 post on step-parent adoptions has received so many comments that Typepad cannot accommodate any more. Therefore, I am re-posting this article so that all of the many people who are interested in this topic can read it here and post their comments and questions below.
Step-parent adoptions
The most common adoption in Michigan is the stepparent adoption. This kind of adoption is available in cases where
(1) the parents were married at time of birth, were subsequently divorced, the custodial parent has remarried, and his or her new spouse wishes to adopt the child or children and is willing to assume financial responsibility for the child(ren) or
(2) the parents were never married, the custodial parent has remarried, and his or her new spouse wishes to adopt the child or children and is willing to assume financial responsibility for the child(ren). In the latter case, sometimes paternity has been established and sometimes it has not been determined.
Consent of the biological non-custodial parent is usually required for a stepparent adoption. However, if a biological parent has “abandoned” the child, then Michigan law provides that the parent’s rights to the child may be involuntarily terminated if:
(a) 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
(b) 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.
Be aware that the court must determine that the requirements of subsections (a) and (b) are both satisfied. Also, if the child is 14 years of age or older, the child’s consent to the stepparent adoption is required.
Adoption cases have long been of special interest to Jeanne Hannah.
To contact Jeanne Hannah with your questions or to view her Family Law
website, click here.
A few months ago I testified infront of the house judiciary on a bill that potentially would have been a mess for step parents and bio-parents. Also grand parents and other relatives it was the second parent adoption bill. I testified against this bill however since it was twisted to make it easier for the GBLT community to take children from thier families and give them rights that the people have already voted against thru Prop 2. I think that we need to get the system to promote both parents being actively involved with the raising of children before we just toss one of the bio-parents out the window. The Rood case was just one example of how the system favors one parent over the other at a high cost to the children involved
Posted by: Joemaflage Familyrights | 12/01/2009 at 09:42 AM
What exactly does "regularly and substantially failed or neglected" mean? We would like to get bio mom's rights terminated and have me adopt the kids (3.5, 4.5, 5.5). If my husband has sole custody and CO says we take the kids across the country for supervised visits with biomom, which we do, but she chooses not to come to the kids for her week, would that count? She has the contact/visits that one time, but only because we do what we are supposed to do. She's also calling about every two to three weeks, except for the next 2 months because she's in jail. No support is ordered due to the cost of her coming across the country to see the kids-- which she's not doing. She's supposed to also pay half of the uninsured medical expenses- luckily we've only had $100 worth which we paid and sent her a receipt, but she refused to pay half.
She has also claimed 2 of the 3 kids on her state assistance/food stamps and got caught with welfare fraud (no jail time) and has used the 5.5 year old's social security number to open accounts which she left unpaid. Since she's on the birth certificate she can get the new soc # if we got them changed so that's pointless unless I adopt them. Is that sort of stuff grounds for termination?
Posted by: Ella | 01/06/2010 at 11:11 PM
Ella,
I always hate to see a court order that provides for no support because it can inhibit a parent's ability to get a termination for a stepparent adoption. I am hopeful that, perhaps, your court order states specifically that the reason there is no child support is because it is to facilitate her ability to exercise parenting time. Combine that with her failure to bother to see the children unless you do the transportation and you may be able to get a termination of parental rights for the adoption. Every case is different, though, and every judge responds differently to this type of request.
I don't suppose that there is any reason why she would consent to a step-parent adoption . . . since she has so few responsibilities with respect to the children. If she would consent, then it would be easy.
Posted by: Jeanne M Hannah | 01/07/2010 at 09:00 AM
i looked at this page, and I could add that I could express that I find the info which you did very detailed. yes, I wonder that it does strikingly indirectly help the way it so helps those functions listedhowever partially I can apply their perspectives. so, I am glad it works in this manner. 'til later..
Posted by: yo | 01/20/2014 at 12:58 PM