QUESTION

If a mother loses her parental rights, is still married to the father and they are still living together, would the father lose his right too?

Asked on Jun 13th, 2014 on Child Custody - Michigan
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2 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would have to know much more about the circumstances, but generally, when the rights of one bio-parent are terminated the other.
Answered on Jun 18th, 2014 at 9:37 PM

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Probably not, but this is definitely a question that you would want to go over with an experienced family lawyer in your area. The biggest issue that I could see would be that the mother losing her rights means that she loses her rights to visit and talk to the children. Thus, and visitation and contact with the father would need to be in the absence of the mother. This may be difficult if the spouses are still living together. So even though the father does not necessarily lose his parental rights, he may lose the right to visit or speak with the children in the marital home. I would contact the court which is terminating the mother's rights and ask for a hearing to get clarification on this issue.
Answered on Jun 18th, 2014 at 8:37 AM

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