Termination - Non Payment of Support & No Contact

The petitioner (custodial parent) may petition the Court, if the consent of the legal parent cannot be obtained, to terminate the rights of the non-custodial parent if the non-custodial parent has had the ability to visit, contact and communicate with the adoptee and has regularly and substantially failed or neglected to do so for a period of two years or more before the petition for adoption was filed AND one of the following:

1. A support order has been entered and the non-custodial parent has failed to substantially comply with the order for a period of two years or more before the petition for adoption was filed
2. A support order has not been entered, and the non-custodial parent, having the ability to support the child, has failed or neglected to provide regular and substantial support for two
   1. (2) years or more before the petition for adoption was filed.

Fees

• $20 (Non-refundable filing fee), payable at the time of filing
• Publication fee, if publication is necessary - payable directly to newspaper

Documents Required

• Copy of the court order in which custody is awarded
• Supplemental Petition and Affidavit to Terminate Parental Rights of Non- Custodial Parent (PCA 302) (PDF)
• Printout from Friend of the Court showing arrearages and payments
• Proof of Service (PC564) (PDF) - file at least 1 week prior to hearing
• Due Diligence Affidavit (if whereabouts of noncustodial parent is unknown)
• Affidavit of Publication (if publication was ordered)

1. A supplemental petition may be filed after the home investigation has been completed and a report filed with the Court. Once the petition has been filed, a hearing will be scheduled. It is the responsibility of the petitioner to give notice of the hearing to the non-custodial parent. The petitioner must have a copy of both petitions and notice of hearing personally served on the noncustodial parent and provide a proof of service to the Court. If proper and timely service is not made, your hearing may be adjourned and/or your petition dismissed. The petitioner must try to obtain an address for the non-custodial parent by contacting relatives, friend, employers, Friend of the Court, etc.
2. If the non-custodial parent cannot be located, the petitioner will complete a Due Diligence Affidavit to request an order for publication. The Court will then notify the petitioner if publication of the Notice is appropriate and approved. If approved, the petitioner will then be required to publish the notice of the hearing in a Montcalm County newspaper and the expense paid directly to the newspaper by the petitioner. The newspapers approved by the State of Michigan for legal publications are:
   • Carson City Gazette or The Daily News
     109 North Lafayette Street
     P.O. Box 340
     Greenville, MI 48838
     Phone: 616-754-9303 or 800-968-9301
     Fax: 616-754-8559
     Carson City Gazette or The Daily News Website
3. The petitioner must ensure that an Affidavit of Publication is provided to the Court prior to the hearing. If proper and timely publication is not made, your hearing may be adjourned and/or your petition dismissed.

Both petitions and notice should also be mailed by regular and certified mail to a relative's last known address.

Keep copies of all documents filed with the Court for your records and to provide to the interested persons. Copies obtained from the Court are $1 per page.