In Michigan and many other states for that matter, the rights of parents include visitation and custody rights. These rights, like other rights, can be suspended or terminated upon the requisite showing that more important interests would be better served. Take for example physical custody. A family court would likely terminate physical custody if a parent has sexually abused a child. The interest trumping the parent’s right is the state’s interest in protecting the child from sexual abuse.
Rights can be terminated, suspended, or granted (think adoptive parents) and it is important to understand the rationale for the state’s interference of parental rights. State’s have the utmost responsibility in providing for the “best interests of the child,” (codified in MCL 722.23 et seq.) The vagueness of this phrase is important because it allows broad discretion for a court in determining what exactly are the “best interests” of a particular child. Sometimes, the best interest include termination of parental rights.
Parents may have their parental rights terminated, but they may still have the duty to support their children. In a 2010 Michigan Supreme Court case, the Court held that parents have the duty to support their children despite having their parental rights terminated. In In Re Beck, 793 NW 2d 562 (2010), the Court compared the plain language of the Michigan code that define the scope of parental rights and the duty of parents’ obligations. The court held that rights are different that duties, “There is no indication that the duty of support is conditioned on the retention of parental rights, just as there is no indication that the exercise of parental rights is conditioned on fulfilling the parental obligation to support.” Id. at 567.
Parental rights can be modified, but parental duties may not be. This may sound absurd to some, “If I have no right to see my children, why should I have to support them financially?” The answer is child support does not buy parental rights to see children. It serves to provide for the best interests of the child, which if a parent has been deemed to be unable to provide any other service, the least they could do is sacrifice a small fraction of their paycheck.
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