In Michigan, guardianship gives a non-parent legal authority over a minor child. Guardianship of a minor child can be established voluntarily, through a parent’s consent, or involuntarily by court order when a parent is unable to provide proper care. Guardianship is not necessarily permanent, and if you are seeking to end a guardianship, you should consult with an attorney experienced in guardianship proceedings to discuss your case. In this blog, we will give a brief overview of how to terminate a guardianship of a minor child.
When Can a Parent Terminate a Guardianship in Michigan?
If your child was placed with a guardian due to CPS involvement, you first must have addressed the issues that CPS identified. If you have improved your circumstances and believe that your child should be returned to your care, you should contact a Michigan CPS attorney who is experienced in handling guardianship termination hearings. The process is not automatic or simple. Whether the guardianship was voluntary or not, you must petition the court that established the guardianship to terminate it and restore your parental rights. A qualified attorney can work with you to petition the court and present your case for termination at any hearings.
The Legal Process to Terminate a Guardianship
Generally, the process to terminate a guardianship in Michigan is:
1. File a Petition to Terminate the Guardianship
This must be filed in the same court that established the guardianship. The petition should include facts regarding:
- Why do you believe the guardianship should end
- The changes in your circumstances (e.g., sobriety, stable housing, employment),
- Why returning the child to your custody is in their best interests.
2. Provide Evidence of Stability
When the guardianship was established due to allegations of abuse or neglect, you will need to provide evidence showing you have addressed those issues, improved your life circumstances, and are now ready to resume custody of your child. Some examples of evidence you should include are:
- Proof of treatment, counseling, and/or parenting classes
- Stable employment
- Suitable housing
- Support systems
3. Attend a Hearing
The judge will hold a hearing to assess:
- Whether you are now fit and capable of caring for your child,
- Whether terminating the guardianship is in the best interest of your child,
4. Court Decision
If the court finds that you are able and fit to regain custody of your child, it may terminate the guardianship and return your child to your home. If the court does not believe the evidence shows you have improved your situation, it may deny the request and keep the guardianship in place.
Why You Need a Family Law Attorney
Petitioning to terminate a guardianship in Michigan is a complicated and detail-oriented process. Courts require more than verbal assurances that circumstances have changed. Hiring an experienced attorney can be the difference in the outcome of your case.
A Michigan guardianship attorney can help you:
- Draft and file the proper legal documents
- Collect and organize supporting evidence
- Prepare for court hearings
- Advocate on your behalf before the judge
- Protect your parental rights under Michigan law
Regain Custody of Your Child—Start Today
If your child is currently under the care of a guardian and you are ready to reunite your family, don’t navigate the court system alone. Contact The Kronzek Firm today for a confidential consultation to take the first step toward bringing your child home. Our experienced team of family law attorneys can help you petition to terminate the guardianship and present the strongest possible case for restoring your parental rights.
📞 Our attorneys have helped thousands of Michigan clients for more than 30 years. You can reach all of our offices 24/7 by calling 1-800-KRONZEK.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]