Legal Question in Family Law in Michigan
am in love with my teenage girlfriend, she was married in July of 2010 to a resident of the Netherlands, an abandoner... they meet of Facebook aand he ran his game. He came to the states on a visa,(45) days and convinced her to marry him. She did. Within days she was with child. He screwed up his visa and was deported. She flew to see him a couple times and each time things became worse between the two.
My girl has a decent job and I think he was trying to get what he could and get out as soon as possible. Even convinced her in to cashing in her 401k. He doesn't call to speak with his now 5 year old daughter. not once in the last 2 years and has made no attempt to provide any type of fininaniciac help for either of then. everyone she's talked to says since he's out of the country she cand get a divorce. I can"t believe this.... Not for a minute. I'm going down to the county court house this am to do some research & see If I can find something on point that I can use to end this game. she would be happy if I could adopt morina, her daughter, and Id be on a cloud too. with this said, do you have any advice for me? Maybe a place to start. I'm good with research & sheping so I hope I'll find a case on point to help guide me.
Parental abandonment of children is different from other cases of abandonment in that it involves a person rather than property. Abandonment of children is a criminal Cause of Action under most state laws. In the civil context, it arises when a court decides to terminate the natural rights of the parent on the grounds of abandonment to allow Adoption.
In a criminal context, abandonment of children is defined as actually abandoning a child, or failing to provide necessities of living to a child. In California, for example, a parent is guilty of abandonment if they fail to provide "necessary clothing, food, shelter or medical attendance, or other remedial care for their child." A parent is required to accept their minor child into their home, or provide alternative shelter. Parents in California are also punished for "desertion with intent to abandon." These laws are typical of most states.
In the late 1990s, the issue of baby abandonment in the United States came to a head as a result of several high profile cases. These cases prompted 38 states to pass so-called "safe haven laws." The laws decriminalize baby abandonment by allowing mothers to leave their unharmed babies at a designated "safe." location such as a hospital, fire station, or licensed child-placing agency. The laws include a time frame, beginning from the baby's birth, in which abandonment may take place; the time frame varies from state to state, ranging from 72 hours up to one year.
In a civil context, abandonment of a child is usually ruled on by a court to facilitate an adoption. State courts employ various guidelines to determine if a child has been abandoned. In an action for adoption on the ground of abandonment, the petitioner generally must establish conduct by the child's natural parent or parents that shows neglect or disregard of parental duties, obligations, or responsibilities. They must also show an intent by the child's parent or parents to permanently avoid parental duties, obligations, or responsibilities. Some jurisdictions require an actual intention of the parents to relinquish their rights to find abandonment, but most allow a finding of abandonment regardless of whether the parents intended to extinguish their rights to the child.
Further readingsing, so please can you offer any help?
I thank you in advance for your time and anticipated efforts in this important matter.
Sincerely
Jim Padgett
[email protected] Again I thank you for your time and hope I can find a place to start
1 Answer from Attorneys
She can easily get a divorce in Michigan. Needs to be a resident of the state for 6 months and the county for one month. If you need a divorce referral, call me office at (313)402-0853. Thx, Tim