Visitation by Husband's Family After His Parental Rights Are Terminated
My question involves a child custody case from the State of: MI
My (soon-to-be) ex husband is currently facing several felony charges involving him abusing our daughters. CPS has filed a petition in Juvenal court to have his parental rights permanently terminated. Should his rights be terminated-does his family still have the legal right to see the children? I am currently on good terms with most of his family and at this point have no object to them having access to the kids but I'm wondering should things get worse at some point and our relationship becomes strained I want to be prepared in advance if they still have the legal right to request visitation with the kids.
Re: Visitation by Husband's Family After His Parental Rights Are Terminated
Re: Visitation by Husband's Family After His Parental Rights Are Terminated
Thank you! I've looked at that several times now but it doesn't make a whole lot of sense to me (like most legislature! LOL). Bascially it looks like they can file a petition to request visitation and a judge will determine if it's in the kids best interest. Like I said right now we are on good terms but who knows how those terms will play out once their son/brother is sent to prison for several decades for his crimes against my girls.
Re: Visitation by Husband's Family After His Parental Rights Are Terminated
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Quoting
justice4mydaughters
My question involves a child custody case from the State of: MI
My (soon-to-be) ex husband is currently facing several felony charges involving him abusing our daughters. CPS has filed a petition in Juvenal court to have his parental rights permanently terminated. Should his rights be terminated-does his family still have the legal right to see the children? I am currently on good terms with most of his family and at this point have no object to them having access to the kids but I'm wondering should things get worse at some point and our relationship becomes strained I want to be prepared in advance if they still have the legal right to request visitation with the kids.
No, his family does not have any legal rights of access to your children...not automatically. The grandparents would have to sue you in court for visitation rights, and win, which is absolutely not guaranteed.
The MI statutes for gpv are pretty restrictive. The law was re-written in response to a MI Supreme Court decision in Derose vs Derose. The Derose case is quite on point for your situation.