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 (2) years or more before the petition for adoption was filed AND one of the following:

        A)                 A support order has been entered and the non-custodial parent

                  has failed to substantially  comply with the order for a period of

                  two (2) years or more before the petition for adoption was

                  filed; or

        B)                 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

                 (2) years or more before the petition for adoption was filed.

FEES:   • $20.00 (Non-refundable filing fee), payable at the time of filing

           • Publication fee, if publication is necessary – payable directly to

             newspaper

DOCUMENTS REQUIRED

• Supplemental Petition and Affidavit to Terminate Parental Rights of Non-

   Custodial Parent (PCA 302) 

• Printout from Friend of the Court showing arrearages and payments

• Proof of Service (PC564) – 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