Michigan Abandonment Laws Explained

Abandonment Defined in Michigan

Abandonment, defined, is usually the voluntary relinquishment of a right, claim, or privilege; the giving up of possession with the intent to never again resume it.
In Michigan it is typically found under the context of a custodial order or abandonment of an estate. Both effective abandonment leaves some party legally deprived of either his or her property or a child. Abandonment of an estate is as follows:
MCL 700.2621 – Except as provided in section 2613, a will or any provision of a will shall be revoked by any of the following: (d) A judgment that a devise is abandoned under section 2718. Abandonment of a child is defined as follows:
MCL 710.30 – (b) "Abandonment" means the willful forsaking or neglecting of a child by the parent or by another person having the legal care or custody of the child under circumstances which indicate that the child’s parents are unwilling to provide food , clothing, or shelter for the child. (c) "Abandonment" means the conduct of a parent which is so grossly or wantonly negligent as to evince a willful disregard of the natural obligation of parental affection and which is substantially more idiosyncratic than for other parents in similar circumstances. (d) "Abandonment" means the failure of the parent or parents of a child to provide proper and normal care or control, subsistence, education, medical or otherwise, as required by law, when able to do so, when financially able to do so, or when in possession of property or money for the child and fails to pay the same, without just cause or reason.

Spousal Abandonment vs. Child Abandonment

The penal law in Michigan recognizes three different types of abandonment: spousal, child, and dependent adult. Moreover, Michigan law distinguishes between the duration or timing of an alleged abandonment as well. Michigan recognizes the following kinds of abandonment:

1. Abandonment of a spouse (Criminal Law)

a. A person with the intent to abandon another person or knowing that their actions will cause the abandonment of the other person, shall abandon that other person regardless of whether the abandoned person is a spouse, child, friend, or other relation. (M l. 1986, No. 197, Sec. 1, Eff. Jan 1, 1987).

2. Abandonment of a child (Juvenile Law)

a. Any parent or other person abandoning a child under 18 years of age where it is determined either that the person has left the child in circumstances which the person knows or should know would likely to result in serious harm to the child or leaves the child with another person under circumstances where the person knows or should know that the other person does not have the present ability to provide adequate supervision and care for the child (MCL 750.135-a).

3. Abandonment of a dependent person (Probate Court)

a. Abandonment occurs when either a parent is judicially determined to be a guardian and is found to have made no provision for the substitute care and maintenance of the child or a person who has been conventionally appointed as guardian or conservator of a person who is a known dependent is found to have made no provision for the substitute care and maintenance of that dependent person (MCL 700.5406).

Abandonment Legal Consequences

In Michigan, if a parent is found guilty of abandoning their child, they may face several legal consequences. Depending on the severity of the case, consequences range from loss of child custody to criminal charges and imprisonment. If a parent has been accused of abandoning their child, the other guardian is able to petition the Family Division of the Circuit Court in the county they reside to suspend the rights of the abandoning parent. If the court finds sufficient evidence of abandonment, all parental rights could be terminated. In some cases, the abandoning parent may be awarded "reasonable parenting time" for a period of time. Future parenting time or visitation could be revoked if the parent continues to display dangerous behavior. In addition to any resulting family law matters, abandonment can result in criminal charges. Depending on the circumstances there are generally two ways to be charged with abandonment, either through the Child Protection Law or the Michigan Penal Code. If the actions taken are in violation of the Michigan Child Protection Law, a petition can be filed for cases where there is evidence of abuse or neglect. In cases of abandonment, the abuser can be charged with a Class A felony with possible life imprisonment. If the crime is charged under the Child Protection Law, the abuser’s parental rights can be suspended or terminated. Abandonment may also be charged under the Michigan Penal Code 750.135. This is a Class G felony that can result in imprisonment of up to 15 years in addition to the loss of parental rights.

Abandonment Defenses

Defenses Against Abandonment Claims in Michigan
An individual accused of abandonment may be able to defend themselves against the allegation depending on a number of factors. Here are some of the most common responses to an abandonment claim:
The defendant did not intend to abandon, neglect, or desert the child. This can be a particularly effective defense by showing evidence that the child’s other parent was informed about where the child is, and that the defendant intended to keep the other parent apprised of their whereabouts.
The defendant did not willfully or voluntarily abandon the child. Like in the above defense against abandonment, if the parent knew where the child was and did not intend to avoid contact or hide from the other parent, the court may find that abandonment did not occur.
Bonding with the child’s other parent or family members after the separation. Even if it was once true that the defendant was not bonding with their child , if it is now true and the parent has an established relationship with their child and with the child’s other parent, then the chances that a judge would find that abandonment occurred are limited.
Abandonment made necessary by outside factors. In some instances, it may have been true that the child was abandoned when the separation occurred, but now that a few months have gone by, the defendant has been unable to contact the child or form a bond. In some cases, this may be due to domestic violence, addiction issues, illness, or mental illness.
Even if the defendant is convicted of abandonment, there may still be ways to prevent the termination of parental rights by the other parent. To regain custody, the defendant will likely have to prove that they are now capable of properly providing for the child.

Reporting or Dealing with Abandonment

In Michigan, however, there is a process of legal abandonment following the 3-month timeframe. How many times have you heard about tenants who leave without paying rent? Or worse, are landlords left without their property… even having to replace the door locks in order to get back to the property. Some of these options we have heard, are not legal. Here is a the process for reporting or addressing abandonment in Michigan.
Abandonment of leased property occurs in Michigan when a tenant has vacated a nonresidential property. Following 3 months of non-payment, a landlord may initiate an eviction by sending a "Notice to Quit" to the occupant. A "Termination of Tenancy" and "Demand to Leave Premises" letter can also be initiated and served.
If the tenant fails to vacate the property, you the landlord must file with the court to obtain a judgment. Landlords are required to file a complaint within 14 days of expiration of the notice. If a judgment is obtained, a Court Officer will serve a "Notice of Eviction" upon the offending party. However, even at this stage of the game, the tenant is given 24 hours upon receiving a "Notice of Eviction" to vacate the premises.
If the tenant refuses to vacate the property, a Writ of Restitution or court order is issued. A sheriff then has a right to enter a premises and evict the holdover tenant. Again, this process takes time and communication with your tenants is key… not to mention the filing fees associated with the filings.

Help for Families Suffering From Abandonment

Families affected by abandonment in Michigan have several resources available to provide guidance and support. With respect to counseling services, Reach Counseling Services provides domestic relations therapy, psychological testing, and therapy for clinical depression. Also, the Counseling Institute of Michigan specializes in therapy for families, couples and individuals. Family Unity Counseling Services is another organization which assists affected families through a combination of individual and family therapy sessions. The Detroit Area Agency on Aging seeks to enhance the quality and attitude of care available to families dealing with elderly relatives abandoned by parents or spouses . Legal Aid Resource Centers also provide a wide range of information to families affected by abandonment. For instance, the Appalachian Legal Services provides representation in cases of abuse, neglect and abandonment. The Coordinated Access To Family Enforcement Services (CARES) is a specialized, problem-solving court program designed to address domestic violence in divorce cases, while the Michigan Association for Local Public Health provides resources and referral information for families affected by all types of abandonment issues.