Legal Question in Family Law in Michigan

Re: Restraining orders, Visitation rights, and Child support

Dear Madam:

This is in response to your email of July 6, 2001, which this office received on July 9, 2001.

If you file a motion requesting child support, he will likely request parenting time. The court would decide whether he receives parenting time, how much time he receives and whether it is supervised. Generally, if the father does not have any contact with the child, which includes sending of cards, telephone calls, sending money, etc, for two years, you may petition to terminate his parental rights. However, the two years of non-contact must not have been in any way due to actions you have taken to avoid contact.

Sincerely,

Michael D. Eberth

(313) 561-5700

[email protected]

Re: Restraining orders, Visitation rights, and Child support

You should be aware that in Michigan there is no connection between visitation and child support. So you might as well ask for child support if you need it. As far as visitation is concerned, the court will make a determination based upon the best interests of your son. That could mean no visitation, supervised visitation, visitation with restrictions or unrestricted visitation. Much will depend on your son's age and his ability to describe what happens during visitation. Regarding termination of parental rights, I would give very serious consideration about whether you should do that. You will have to wait 2 years in any event. That gives your ex an opportunity to show what type of person and parent he wants to be. If you have any other questions, feel free to call me or my assoicate, Helen Phillips. Good Luck. John (http://www.mich-lawyer.com)