Can Michigan Courts Deny Custody Return After Therapy?

Question from Sarah, Can Michigan Courts Deny Custody Return After Therapy?

Answer from AI:

In Michigan, the process of terminating a guardianship and regaining custody of your children involves several legal considerations. If your mother has guardianship of your children due to your mental health issues, and you have since undergone therapy and treatment, you may petition the court to terminate the guardianship. However, the court’s decision will depend on various factors, including the best interests of the children.

Understanding Guardianship and Custody in Michigan

In Michigan, guardianship is a legal arrangement where someone other than the parent is given the authority to care for a child. This can happen for various reasons, including the parent’s inability to care for the child due to mental health issues. To terminate a guardianship, you must demonstrate that the circumstances that led to the guardianship have changed and that it is in the best interest of the child to return to your custody.

Factors Considered by the Court

When you petition the court to terminate a guardianship, the court will consider several factors:

• Best Interests of the Child: The primary consideration is always the best interests of the child. This includes the child’s safety, stability, and emotional well-being.
• Parental Fitness: The court will assess whether you are now fit to care for your children. This includes reviewing your mental health treatment and any improvements.
• Compliance with Court Orders: The court will also consider whether you have complied with previous court orders, including visitation schedules.

Visitation Violations and Parental Rights

A visitation violation, such as returning the children late, can impact the court’s decision. While it may not directly violate your parental rights, it can be seen as a factor in determining whether you are currently able to provide a stable environment for your children. The court may view such violations as a lack of responsibility or disregard for court orders, which could influence their decision.

Steps to Take

If you are seeking to terminate a guardianship and regain custody, consider the following steps:

1. Document Your Progress: Keep detailed records of your therapy sessions, mental health treatment, and any other steps you have taken to improve your situation.
2. Comply with Court Orders: Ensure that you follow all court orders, including visitation schedules, to demonstrate your reliability and commitment.
3. Consult a Legal Professional: It is crucial to seek legal advice from a family law attorney who can provide guidance specific to your situation and help you navigate the legal process.
4. Prepare for Court: Be ready to present evidence of your progress and any changes in circumstances that support your request to terminate the guardianship.

Legal Resources and Further Reading

For more information on guardianship and custody laws in Michigan, you can refer to the Michigan Courts’ [Self-Help Center](https://courts.michigan.gov/self-help/center) and the [Michigan Legal Help](https://michiganlegalhelp.org/) website, which provide resources and guidance on family law matters.

If you have specific questions or need personalized legal advice, it is recommended to consult with a qualified attorney who can assist you based on the details of your case.