What Oakland County Families Need to Know
Approximately 40% of families in the U.S. are blended, meaning at least one parent has a child from a previous relationship. In areas like Oakland County, communities such as Troy, Farmington Hills, Ferndale, and Southfield are home to numerous households like these. For some families, the step-parent and the child want to solidify that parental bond through step-parent adoption.
Suppose you’re a step-parent here in southeast Michigan, considering adopting your stepchild. In that case, it’s essential to understand the legal process, particularly how Michigan law addresses the termination of parental rights, the adoption procedure, and the long-term implications for all parties involved.
Understanding Step-Parent Adoption in Michigan
Michigan law allows for step-parent adoption, which legally makes the adoptive parent a complete parent to your stepchild. That means if you and your spouse later divorce, you’ll retain legal parenting rights and responsibilities, including child support and parenting time.
Before step-parent adoption can take place, the Oakland County Circuit Court must first terminate the parental rights of the non-custodial biological parent. This can happen either with the consent of the non-custodial biological parent or through a family court order terminating the non-custodial parent’s rights.
Prerequisites for Step-Parent Adoption in Oakland County
If you live in Oakland County, your step-parent adoption case will likely be filed in the Oakland County Probate Court or Oakland County Circuit Court, Family Division, depending on the circumstances. Here are the legal requirements step-parents must meet under Michigan law to proceed with step-parent adoption:
1. Termination of Parental Rights Is Mandatory
A child cannot have three legal parents. Therefore, one parent’s rights must be terminated, either voluntarily or involuntarily, before a step-parent adoption can proceed.
- If the non-custodial parent consents, the process is generally faster.
- If the non-custodial parent contests, the court may order involuntary termination if it finds that the parent has substantially failed to support and visit the child for two years, despite having the ability to do so. (See MCL 710.51(6)).
2. The Step-Parent Must Be Married to the Custodial Parent
Michigan courts require that the step-parent be legally married to the custodial parent. Cohabiting partners are not eligible to adopt under this process. Both the step-parent and the custodial parent must petition for adoption the court together.
3. Biological Parents Must Be Divorced or Never Married
You cannot file a step-parent adoption if the child’s parents are still legally married. They must be divorced or never married for the adoption to proceed.
The Step-Parent Adoption Process in Michigan
The process occurs in two major stages:
Stage 1: Termination of Parental Rights
The court must find that the biological parent has either voluntarily consented or that their rights should be involuntarily terminated. Involuntary termination is only granted when doing so is in the child’s best interests. That must be proven by clear and convincing evidence, meaning there is good evidence that it’s in the child’s best interest to terminate parental rights of the other parent.. When determining whether to terminate parental rights, the court considers two key factors. 1) Whether the noncustodial parent or putative father has failed to provide substantial and regular support for the two years prior to the filing of the petition, despite having the ability to do so. 2) Whether the noncustodial parent or putative father has failed to substantially and regularly maintain contact with the child for the two years prior to the filing of the petition.
Putative Fathers Require Special Attention
If the biological father is a putative father (someone who has not established legal paternity but claims or is alleged to be the father), the court must first identify and legally address his status before parental rights can be terminated.
Stage 2: Finalizing the Step-Parent Adoption
Once the rights of the noncustodial parent are terminated, the court will then evaluate whether allowing the step-parent to adopt is in the child’s best interests. There is no specific time requirement for how long the step-parent must have been involved in the child’s life, but the court will consider the quality and duration of the relationship.
Impact of Step-Parent Adoption on Family Relationships
When a step-parent adoption is finalized, it creates a permanent legal parent-child relationship, and it also severs all legal ties between the child and the noncustodial parent. It is essential to recognize that Michigan law does not provide for the reversal of an adoption. That means:
- Loss of inheritance rights from the terminated parent and their relatives (unless a will states the child will receive something).
- Loss of legal visitation rights for grandparents, aunts, uncles, and other extended family members of the terminated parent.
To avoid unintended consequences, it is essential to update estate planning documents to ensure the child’s inheritance rights are preserved if desired.
Why You Should Consult a Michigan Step-Parent Adoption Attorney
Step-parent adoptions in Oakland County involve complex statutory requirements and emotional considerations. Whether you’re in Royal Oak, Novi, or Bloomfield Hills, a Michigan adoption attorney can help ensure the process is legally sound and in the child’s best interests.
An experienced attorney can also guide you through sensitive situations, such as how to proceed when the noncustodial parent is missing, uncooperative, or abusive, and help file the appropriate pleadings and affidavits required by Michigan’s adoption and juvenile code.
Take the Next Step Toward Making Your Family Whole
If you’re ready to begin the step-parent adoption process in Oakland County, Livingston County or anywhere in Southeast Michigan, The Kronzek Firm is here to guide you every step of the way. We’ve helped countless families create permanent legal bonds through adoption, and we’d be honored to help yours..
📞Contact our Farmington Hills office today at (248) 479-6200 for a consultation.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]