Michigan Legal Guidance: Guardianships, Stepparent And Relative Adoptions

Last updated on June 17, 2025

The expression, “It takes a village to raise a child,” is true now more than ever. Sadly, the opiate epidemic has created a population of children whose parents are unavailable to provide them with proper care and custody.

If you are a relative or nonrelative who is providing full-time care for a minor, you will need legal authority to make health, school and legal decisions for the minor. A guardianship will provide you with the legal authority to make sure the child you are caring for is protected. Contact Cannon Law PLC to discuss your guardianship and adoption options.

Understanding Guardianship In Michigan

Situations that may preclude a parent from providing their child(ren) with care include:

• Incarceration
• Employment or unemployment
• Criminality
• Substance abuse
• CPS involvement
• Schooling
• Inability to provide adequate care

In addition to these listed situations, guardianships can also be established through other avenues. A minor aged 14 years or older can ask a court to appoint a guardian.

Establishing Guardianship Through The Court

The court recognizes several circumstances where a guardian may be appointed:

• Parental rights have been terminated or suspended through prior court orders
• Judgment of divorce or separate maintenance has affected parental rights
• Death of a parent
• Judicial determination of mental incompetency
• Parental disappearance
• Confinement of a parent in a place of detention

Another common scenario occurs when parents allow their child to live with someone else without granting legal authority, and the child isn’t living with either parent when the petition is filed. This creates a legal gap in decision-making that guardianship can address.

The court also considers specific family dynamics. For instance, when biological parents were never married and the custodial parent dies or goes missing, a relative may petition for guardianship if the other parent hasn’t obtained legal custody, ensuring proper care and family connection.

Types Of Guardianships In Michigan

There are at least two types of guardianships in the state of Michigan as it relates to minors: limited and full guardianships. Here’s a breakdown of each:

• Limited guardianship: This type usually includes a structured parenting plan for the biological parents. The parenting plan will require the parents to address the issues that led to the guardianship (e.g., substance abuse treatment). It can also specify visitation and child financial support. In these cases, the parent is typically the one who petitions the court for the guardianship.
• Full guardianship: The court can also appoint a full guardian. Generally, this guardianship has no structured plan for the parents and provides the guardian with full legal decision-making authority regarding the child.

You can file guardianship petitions in your county’s probate court. Cannon Law PLC can help you obtain guardianship orders, ensuring the child you care for isn’t returned to a harmful situation. If you’ve been a guardian for two years or more and the parent has failed to substantially support or visit the minor, you may consider adoption.

Delegation Of Parental Powers In Michigan

In Michigan, a parent or guardian can delegate their parental duties to another person for up to 180 days. The delegated person can make decisions about the child’s care, custody or property. However, they cannot consent to the child’s marriage, adoption or release for adoption.

Specific legal language and directives are required to properly delegate these powers. If you’re a guardian delegating powers to a third party, you must notify the court within seven days. Conceptually, this process is similar to a power of attorney, but Michigan has a specific law governing this right.

You should only delegate your parental powers when absolutely necessary. If you have joint legal custody with another parent, both of you must execute the delegation. Here are some tips for choosing the right person to delegate your parental authority to:

• Choose someone you’ve known and trusted for years
• Select someone without a criminal record or a history of child abuse, assault or sexual abuse of a minor
• Pick someone who knows and genuinely cares about your child

Discuss this plan with them in advance, even before a potential illness. Avoid delegating to someone with poor health or who might become very ill. Ideally, you should also choose someone who can make good financial decisions.

What Are Guardians’ Adoption Options?

If you’ve been a child’s guardian for a long time and it’s clear the parents aren’t fulfilling their duties, you might consider adoption. Children deserve stability, and guardianship doesn’t provide that.

With the ongoing opioid epidemic, thousands of relatives and family friends have stepped up to become guardians for children needing loving, healthy homes. If a parent has abandoned their child by not meaningfully visiting or supporting them, call our attorneys to discuss whether adoption is an option for you.

In some cases, you may qualify for a stipend if you pursue adoption. Since this type of adoption involves terminating the parental rights of the biological parents, we can handle these sensitive and complex cases.

The Process Of Stepparent Adoptions

In Michigan, a stepparent can adopt their stepchild if they’re married to a custodial parent. In this scenario, the child’s other biological parent is either divorced from the custodial parent or was never married to them (but acknowledged paternity or is a putative father).

The adoption process typically begins in the court’s adoption division, which requires specific forms. A petition to terminate the biological parent’s rights is always necessary. If the biological parent agrees to the adoption, the process often goes smoothly. However, problems usually arise when the biological parent objects.

If the biological parent objects to the termination of their rights, a hearing will start. At this hearing, the court must determine whether the objecting parent has failed to consistently support or maintain contact with the child for a period of two years or more.

Address Guardianship Or Adoption Processes With Our Experienced Lawyers

Cannon Law PLC has experience in various areas of family law, such as adoption and guardianship, throughout Oakland County and the Michigan area. We can help you become a legal parent for a child you already treat like your own.

To start or navigate the process, call our Birmingham office at 248-929-9750 or complete this online form.