MANISTEE PARENT WHO VOLUNTARILY GIVES UP CUSTODY (810) 235-1970

WHAT HAPPENS TO MANISTEE PARENT WHO Voluntarily Relinquished Custody

Even if a custodial parent temporarily relinquishes custody, all the circumstances must be reviewed in determining if a new custodial relationship has been established. Public policy encourages parents experiencing difficulties to transfer custody temporarily while they resolve their problems. However, a mother who gave temporary physical custody to the paternal grandparents during her divorce was later required to show by a preponderance of the evidence that returning custody to her was in the child’s best interests. Straub v Straub, 209 Mich App 77, 530 NW2d 125 (1995) (best interests factors were equal between parties, but fact that all parties had agreed that voluntary relinquishment was temporary tipped scales in favor of mother). see http://www.attorneybankert.com

In Theroux v Doerr, 137 Mich App 147, 357 NW2d 327 (1984), no custodial environment was created when the custodial parent agreed to place the children with the father for nine months after he objected to her taking the children out of state for nine months. It is in the children’s best interests to encourage a parent to relinquish custody temporarily when he or she feels unable to provide for the children.
In contrast, a mother’s established custodial environment was successfully challenged in Hall v Hall, 156 Mich App 286, 401 NW2d 353 (1986), where the mother voluntarily relinquished physical custody of the child to her parents. The father sought and was awarded temporary custody, and petitioned for permanent custody. The court found that there was no longer an established custodial environment with the mother, where the father had provided a stable environment for 17 months. see http://www.dumpmyspouse.com

In Sedlar v Sedlar, 165 Mich App 71, 419 NW2d 18 (1987), a mother who relinquished custody was unsuccessful in challenging the father’s custodial environment. It was not persuasive that the mother thought the order was temporary, especially when that was not stated in the custody order.
Permanent custody was granted to the father in Moser v Moser, 130 Mich App 97, 343 NW2d 246 (1983), even though the mother claimed they had a verbal agreement that the father would return custody to her once she was financially ready. The court of appeals stated that it did not matter how the father had established the custodial environment, as long as he had.

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