Eleanor Finch
Child abandonment is a severe offense in Michigan, with criminal and civil proceedings carrying penalties of up to 10 years in prison. The primary elements of abandonment are that the child is under six, exposed, and that there is intent to wholly abandon them. However, abandonment can also occur when a parent leaves a child without planning to return, fails to provide for their basic needs, or refuses to be involved in their life. This can result in the termination of parental rights, with the court considering the length and reasons for the absence and its impact on the child.
| Characteristics | Values |
|---|---|
| Age of child | Under 6 years |
| Exposure | Leaving a child open or unprotected that could result in possible hazardous injury |
| Intent | To "wholly abandon" the child |
| Desertion | Leaving a child for 91 or more days and not seeking custody during that time |
| Custody | Sole physical and legal custody |
| Child support | No child support for 6 months |
| Basic needs | Food, clothing, housing, medical care |
| Emotional abandonment | Ignoring the child and making no attempt to be involved in the child's life |
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What You'll Learn
Criminal vs civil abandonment
In Michigan, child abandonment is a severe offense that can result in criminal and civil proceedings. Criminal abandonment of a child is defined by MCL 750.135, which states that abandonment of a child is a felony punishable by up to 10 years in prison. The law defines child abandonment as any mother or father of a child under the age of six who exposes a child in any street, field, house, or other place, with the intent to injure or wholly abandon the child.
On the other hand, civil child abandonment is used in child protective proceedings under MCL 712A.19a. Child protective proceedings are civil proceedings that do not include the possibility of jail time or probation. However, these proceedings can result in the removal of a child from their home or the termination of parental rights. Child abandonment in civil cases involves situations where a child's custodial parent or guardian no longer wants to or is unable to provide for the child's health and well-being. This can include physical abandonment, such as leaving a child in a public place, or emotional abandonment, where the parent refuses to speak to or be involved in the child's life.
The primary elements of abandonment in Michigan are that the child is under six years of age and exposed. Exposure means leaving a child unprotected, which could result in possible hazardous injury. Additionally, there must be an intent to "wholly abandon" the child. If Child Protective Services receives a complaint and initiates an investigation, they may file a petition for removal of the child if they can prove abuse, neglect, or abandonment by a preponderance of the evidence.
The court will consider the length and reasons for the parent's absence, as well as the impact on the child, when determining if abandonment has occurred. Parental rights can be revoked if the court finds that the parent has abandoned their child, and this decision is made with the best interests of the child in mind. In some cases, a parent may be found guilty of criminal child abandonment and also face civil proceedings, resulting in both jail time and the termination of parental rights.
It is important to note that abandonment is not limited to physical absence, and emotional abandonment can also qualify as a form of child abandonment in Michigan. Additionally, while criminal abandonment focuses on the act of exposing a child with the intent to abandon, civil abandonment considers the broader impact on the child and their well-being.
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Child protective proceedings
The primary elements of abandonment are that the child is under six years of age and exposed, meaning left open or unprotected, which could result in possible hazardous injury. There must also be an intent to "wholly abandon" the child. Exposing the child is considered the substantive act, while the intent to abandon is a secondary factor that must be proven to complete the offense of child abandonment. Child Protective Services (CPS) plays a crucial role in child protective proceedings. If CPS receives a complaint, initiates an investigation, and finds abuse, neglect, or abandonment of a child by a preponderance of the evidence, they may file a petition for the removal of the child with the Family Division of the Circuit Court where the child resides.
A preliminary hearing will be held to determine if there is probable cause that abuse or neglect, including abandonment, has occurred. If the court does not authorize the petition, the case will be dismissed, and the child will be returned home. However, if the court decides there is probable cause, it will also decide on the temporary placement of the child pending an adjudicative hearing. The adjudicative hearing is similar to a trial, where the court will decide if there is sufficient evidence of abuse, neglect, or abandonment. If the court finds sufficient evidence of abandonment, the child comes under the jurisdiction of the court, and an initial dispositional hearing will be held to determine the placement of the child and plans for the family.
In Michigan, abandonment is more than just leaving a child unsupervised and unattended. It involves a parent or guardian no longer wanting or being unable to provide for the child's health and well-being. Abandonment can also occur when a child is given to a person or organization unwilling to take responsibility for them. Emotional abandonment, such as refusing to speak to or ignoring the child, can also qualify as child abandonment. The court considers the length and impact of the parent's absence and whether they have failed to provide for the child's basic needs, such as food, clothing, and housing, and medical care.
Parental rights can be terminated if the child's well-being is at risk, and it is in the child's best interests. Termination of parental rights can occur due to child abandonment, abuse, neglect, conviction, imprisonment, or termination of rights relating to the child's siblings. Child abandonment is considered a felony, and penalties can include imprisonment and the loss of parental rights.
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The required duration of abandonment
The duration of abandonment required for it to be considered a criminal offence in Michigan varies depending on the circumstances and the age of the child. According to Section 712A.19b of the Michigan Compiled Laws, if a child is abandoned and their identity is known, the parent must have deserted them for 91 or more days without seeking custody during that time. However, if the child's identity is unknown, abandonment occurs after the parent deserts the child for 28 or more days.
In terms of criminal penalties, abandonment of a child under the age of six is a felony that can result in a penalty of up to ten years in prison. This is defined by MCL 750.135, which states that child abandonment is when any mother or father of a child under six years of age exposes a child in any street, field, house, or other place, with the intent to injure or wholly abandon them.
Additionally, according to MCL 750.161, a person who deserts and abandons their children under 17 years of age without providing necessary and proper shelter, food, care, and clothing is guilty of a felony. The penalty for this offence is imprisonment in a state correctional facility for one to three years or in a county jail for three months to one year.
It is important to note that child abandonment is a severe offence that can result in both criminal and civil proceedings in Michigan. Child Protective Services can file a petition alleging abandonment, and the court will determine if there is probable cause. If the court finds that abandonment has occurred, it will decide on the temporary placement of the child and plans for the family.
In terms of parental rights, abandonment can result in the termination of these rights. The court will consider the length and reasons for the absence, as well as the impact on the child. Parental rights can be revoked if the parent has left the child without any plans of returning, failed to provide for the child's basic needs, refused to communicate with the child, or made no attempt to be involved in the child's life.
While there are varying definitions of the required duration for abandonment, it is generally agreed that a significant period of no contact or support, such as six months, can constitute abandonment and potentially lead to the loss of parental rights.
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The custodial parent's intent
For example, a custodial parent who no longer wants or is unable to provide for the child's health and well-being may be considered to have abandoned them. This can include failing to provide for the child's basic needs, such as food, clothing, housing, and medical care. Additionally, refusing to communicate with the child, ignoring them, and making no attempt to be involved in their life can also be considered abandonment.
In Michigan, the court will consider the length and reasons for a parent's absence, as well as the impact of this absence on the child, when determining if abandonment has occurred. If Child Protective Services receives a complaint and initiates an investigation, they must prove abuse, neglect, or abandonment by a preponderance of the evidence before filing a petition for the removal of the child.
It is important to note that abandonment is not always a permanent decision. If a custodial parent temporarily abandons their child due to a crisis or emergency, such as a medical or mental health issue, they may be able to regain custody once they can provide proper care again. However, prolonged absence without any plans of returning or providing for the child's needs can be considered abandonment.
Overall, the custodial parent's intent to abandon their child can be inferred through their actions, inactions, and the impact of their behaviour on the child's well-being. The court will consider all the facts and circumstances before making a decision to terminate parental rights, always keeping the best interests of the child as the primary consideration.
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The child's basic needs
In Michigan, child abandonment is a severe offense that can result in criminal and civil proceedings. Child abandonment is defined by two types: criminal abandonment of a child, defined by MCL 750.135, and civil child abandonment, used in child protective proceedings under MCL 712A.19a.
The basic needs of a child are essential for their survival and well-being. In Michigan, abandonment occurs when a parent or guardian fails to provide for these basic needs, which include:
- Food: It is the responsibility of the parent or guardian to ensure the child has access to adequate nutrition and a healthy diet.
- Clothing: Proper clothing is necessary to protect the child from the elements and maintain their dignity.
- Housing: A safe and secure home environment is crucial for the child's physical and emotional well-being. This includes providing shelter, whether it be a permanent residence or temporary accommodation.
- Medical Care: Access to healthcare services is vital to ensure the child's health and address any medical issues or concerns.
- Supervision: Leaving a child unsupervised and unattended can be considered neglect and a form of abandonment.
- Emotional Support: Extreme emotional abandonment, such as refusing to speak to or ignoring the child, can also qualify as child abandonment.
The court considers the child's basic needs when determining abandonment. If a parent or guardian fails to provide for these needs, it can result in legal consequences, including the termination of parental rights. The court will evaluate the specific circumstances, the length of absence, and the impact on the child to make a decision in the best interests of the child.
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Frequently asked questions
Child abandonment is defined by MCL 750.135 as any mother or father of a child under the age of six years who exposes a child in any street, field, house, or other place, with the intent to injure or wholly abandon the child. Exposure means leaving a child open or unprotected, which could result in possible hazardous injury.
Abandonment of a child in Michigan is more than just leaving them unsupervised and unattended. It is when a child’s custodial parent or guardian no longer wants to or is unable to provide for the child’s health and well-being. Other forms of abandonment include giving a child to a person or organization that is unwilling to take responsibility for them, refusing to speak to the child, and ignoring the child, making no attempt to be involved in their life.
Criminal abandonment of a child is defined by MCL 750.135, and civil child abandonment is used in child protective proceedings under MCL 712A.19a. Criminal child abandonment is a felony and can result in a penalty of up to 10 years in prison.
If Child Protective Services receives a complaint, they will initiate an investigation. If they prove abuse, neglect, or abandonment of a child by a preponderance of the evidence, they may file a petition for removal of a child with the Family Division of the Circuit Court where the child resides. The court will then hold a preliminary hearing to determine if there is probable cause that abuse or neglect, including abandonment, has occurred.
Abandonment can be considered after 6 months of no contact and no child support. Another source states that child abandonment happens when the parent deserts the child for 91 or more days and has not sought custody of the child during that time.
