ORIGINAL PETITION FOR TERMINATION

STATE OF MICHIGAN

____ JUDICIAL COURT – FAMILY DIVISION

[NAME OF COUNTY]

 

 

[INSERT YOUR FULL NAME]                        §

Petitioner,                                                 §

  1. §     Case No.

ADAM ANDREW PHILLIPS                           §

Respondent.                                              §

 

 

 

ORIGINAL PETITION FOR TERMINATION OF THE RESPONDENT’S PARENTAL RIGHTS

 

NOW COMES [Insert Your Full Name], the Petitioner, and files this Petition for Termination of the Respondent’s Parental Rights, the Respondent, and for cause would show this Honorable Court as follows:

 

PARTIES

  1. The Petitioner [Insert Your Full Name] is a law-abiding male adult citizen of sound mind and a resident of [Insert Address, State & ZIP Code].
  2. The Respondent Adam Andrew Phillips is a convicted felon currently incarcerated at [Insert Prison Name & Address].
  3. The Minor Children involved in this matter are Kyrie [Last Name], D.O.B. [Insert Date of Birth] and [Other Child’s Full Name], D.O.B. [Insert Date of Birth biological children of the Respondent and Elizabeth Batchelder.
  4. Elizabeth Batchelder currently resides at [Insert Address, State & ZIP Code].

 

JURISDICTION AND VENUE

  1.  Jurisdiction exists in this Court pursuant to MCL 600.1021.
  2. Venue is proper in this Court because the events described herein took place within [Name of County] County and the Minor Children reside in [Name of County] County.

 

STATEMENT OF FACTS

  1. In November 2013, Adam Phillips physically assaulted Elizabeth Batchelder.
  2. The attack was allegedly instigated by Phillips’ accusation that Batchelder had engaged in “sexting” with other men.
  3. During the assault, Phillips beat, kicked, smashed Batchelder’s head against a wall, and pulled out her hair.
  4. Batchelder suffered injuries, including multiple broken bones and a traumatic brain injury, while she was 17 weeks pregnant with Phillips’ child at the time.
  5. The severe assault left Batchelder in a coma until close to Christmas, and she had to undergo a lengthy process of rehabilitation to regain her ability to walk and speak.
  6. Batchelder received extensive physical therapy, occupational therapy, and speech therapy from various agencies during her recovery.
  7. Kyrie, then 18-months old, witnessed the horrifying attack.
  8. Prior to this incident, Phillips had a history of legal troubles, including a misdemeanor domestic violence conviction in 2012 stemming from a physical altercation with Batchelder.
  9. Phillips had accumulated several misdemeanors since 2011, such as domestic violence, operating while intoxicated, marijuana use, domestic violence (second offense), and malicious destruction of property.
  10. Despite the traumatic assault, Batchelder, who was three months pregnant at the time, managed to give birth to a healthy baby boy.
  11. Phillips was sentenced to ____ years in prison. As at the date of filing this Petition, Phillips had served more than two years in prison without being present in the Minor Children’s lives. However, he has been pulled out of prison on multiple occasions virtually to make decisions for Kyrie.

 

ARGUMENT

  1. Under Michigan law, specifically MCL 712A.19b, parental rights can be terminated if a parent has been imprisoned for more than 2 years. This provision exists to ensure the well-being and safety of the minor children involved.
  2. In the case of Adam Phillips, it is evident from the records that he has already served more than two years in prison as a result of his conviction for attempted murder. This extended period of incarceration raises significant concerns about his fitness and ability to fulfill the responsibilities of a parent.
  3. When an individual is incarcerated for such a substantial amount of time, it becomes imperative to evaluate their capacity to provide a stable and nurturing environment for their children.
  4. Parental rights should be scrutinized and potentially terminated if it is determined that the incarcerated parent’s absence and circumstances significantly impede their ability to meet the needs of their children. The primary consideration in these cases is the best interests of the children, which may necessitate the termination of parental rights to ensure their safety and well-being.
  5. It is crucial to note that when Adam Phillips was initially sentenced in 2013, the Michigan Department of Health and Human Services (MDHHS) failed to take appropriate action to terminate his parental rights under MCL 712A.19b. This oversight is deeply concerning as it may have inadvertently placed the minor children at continued risk.
  6. It is essential to recognize that Mr. Phillips’ imprisonment alone should have triggered a comprehensive evaluation of his parental fitness and the necessity for termination.
  7. The purpose of terminating parental rights in cases where a parent is incarcerated for an extended period is to ensure the safety, well-being, and best interests of the children.
  8. By not taking prompt action to terminate Adam Phillips’ parental rights in 2013, there was a missed opportunity to mitigate potential risks and protect the children from any further harm. It is necessary to rectify this oversight by initiating the appropriate proceedings now to safeguard the children’s welfare.
  9. One cannot overstate the gravity of Adam Phillips’ conviction for attempted murder. This offense involved a deliberate and violent act that endangers the lives and well-being of others. The severity of this crime raises significant concerns regarding the safety and well-being of the minor children involved in this case.
  10. Adam Phillips’ demonstrated capacity for extreme violence poses an ongoing threat to the physical and emotional welfare of his children. It is crucial to recognize that children require a safe and nurturing environment to thrive and develop.
  11. His past actions indicate a propensity for violent behavior, making it unsafe for the children to be in his care or have any contact with him. Consequently, the termination of Mr. Phillips’ parental rights becomes paramount.
  12. Terminating Adam Phillips’ parental rights is not an action taken lightly, but it is crucial to ensure the safety and well-being of the minor children involved. The violent nature of his offense, combined with his extended imprisonment, suggests that he may not be capable of providing a stable, nurturing, and secure environment for his children.
  13. The welfare of the children must be prioritized, and measures need to be taken to protect them from any potential harm or future reoccurrence of violence.
  14. Prior to the incident in 2013 that led to his current imprisonment, Adam Phillips had already been convicted for a misdemeanor domestic violence charge in 2012 stemming from a physical altercation with Elizabeth Batchelder, the mother of the minor children. This previous conviction underscores a pattern of abusive behavior and raises concerns about his ability to maintain a safe and healthy environment for his children.
  15. A history of domestic violence is a significant red flag when evaluating a parent’s fitness to fulfill their responsibilities effectively. It indicates a recurring pattern of harmful behavior and poses a substantial risk to the physical and emotional well-being of those involved.
  16. In the case of Adam Phillips, his prior conviction for domestic violence, combined with the severity of the subsequent assault on Elizabeth Batchelder, demonstrates a disturbing pattern of violence that must not be ignored.
  17. When considering the best interests of the minor children, it is essential to prioritize their safety and protect them from exposure to any further instances of domestic violence. The termination of Adam Phillips’ parental rights is a necessary step to ensure their protection and provide them with a stable and secure environment.
  18. Furthermore, by terminating Phillips’ parental rights, it sends a clear message that domestic violence will not be tolerated or condoned. It reinforces the notion that the well-being of children takes precedence over the rights of a parent who has exhibited violent behavior.
  19. The court’s decision to terminate parental rights in cases involving a history of domestic violence not only protects the current children involved but also serves as a deterrent and protection for any potential future children.
  20. Phillips is currently serving a sentence that extends until 2031, which means he will be absent from his children’s lives for most of their childhood.
  21. The length of Phillips’ sentence has substantial implications for the well-being and development of his children. During the formative years of childhood, it is vital for children to have a consistent and involved parental figure who can provide love, support, and guidance. Unfortunately, due to Phillips’ prolonged absence resulting from his sentence, he will be unable to fulfill these fundamental roles in his children’s lives.
  22. Childhood is a critical period for cognitive, emotional, and social development, and the absence of a parent during this time can have lasting effects on a child’s well-being. The absence of a father figure, especially in cases involving domestic violence and traumatic incidents, can leave children with a sense of instability and can impact their overall emotional and psychological development.
  23. Moreover, Phillips’ extended absence raises concerns about the practical aspects of parenting. Children require consistent care, supervision, and involvement from their parents, which Phillips will be unable to provide due to his incarceration. The absence of a responsible and available parent places an additional burden on the remaining caregivers and compromises the overall stability and support system for the children.
  24. The court has ruled that a period of imprisonment, even less than two years, may serve as the basis for termination if it is determined that the term of imprisonment will deprive a child “of a normal home for a period exceeding two years.” These rulings, such as In re Perry (193 Mich.App. 648, 1992) and In re Neal (163 Mich.App. 522, 1987), demonstrate the court’s recognition of the potential detrimental impact of an extended absence on a child’s well-being.
  25. The Michigan Court of Appeals’ decisions highlight the importance of evaluating the long-term effects of a parent’s absence due to imprisonment, regardless of the specific duration of the sentence. In the case of Adam Phillips, his imprisonment until 2031 undoubtedly exceeds the two-year threshold set forth by the court. Therefore, it is crucial to recognize that his absence will deprive the children of a normal home and parental presence for a period far exceeding the two-year benchmark.
  26. The court’s emphasis on the child’s right to a stable and nurturing home environment provides substantial support for the argument that Phillips’ parental rights should be terminated. The prolonged absence resulting from his incarceration significantly disrupts the children’s lives, denying them the essential support, guidance, and stability they require during their formative years. Termination of his parental rights becomes necessary to ensure that the children are placed in a situation that allows for a stable and consistent home environment.
  27. By considering the precedent set by the Michigan Court of Appeals, the court can make a decision that aligns with the best interests of the children involved. It recognizes the long-lasting impact of an extended absence and acknowledges the need to provide the children with the stability, support, and nurturing environment they deserve.

 

PRAYER FOR RELIEF

REASONS WHEREFORE, PREMISES CONSIDERED, the Petitioner respectfully requests this Honorable Court to GRANT him the following reliefs:

  1. An ORDER terminating Adam Phillips’ parental rights as to Kyrie [Last Name] and [Insert Other Child’s Name];
  2. An ORDER appointing the Petitioner as the guardian of Kyrie [Last Name] and [Insert Other Child’s Name]; and
  3. Any additional relief that this Court deems fair under the circumstances.

 

 

Dated this _____ day of July, 2023.

 

 

 

Respectfully Submitted,

 

 

 

[Insert Your Full Name],

Petitioner in pro per

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