Legal Question in Family Law in Michigan

Abandonment

My divorce was final on Jan 7, 1999. I received custody of our 4 children and moved to Arizona. The last time the kids have had any communication with the father was in Feb of 1999. I only receive child support because the State of Michigan is pursuing it.

I am getting married and my future husband would like to adopt the kids after we are married.

How do I pursue having their father give up full rights to them so that he can adopt? Is there any abandonment laws in Michigan? Should I first pursue moving my case to Arizona?

Thank you for your help!


Asked on 2/19/04, 11:08 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Abandonment

If your Ex-Husband is willing to release his custody rights, then you can have the adoption go through without too much hassle. Your agreement to forgive arrearage on the child support might be a strong incentive for him to go along. However, you might find that he really couldn't pay and still wants a relationship with his kids. You owe it to them to make sure that this is what's best for them.

As for moving the case to Arizona, that would cause problems, and chances are the court won't agree so long as your Ex lives in Michigan and there is a support enforcement action outstanding. If your Ex agrees to it, then it will be ok.

Step one is to see if he will relinquish his rights. You may want to ensure that he is adequately represented by counsel, so that it doesn't come back later to bite you.

You also should hire counsel to make sure the paperwork is done correctly and that your husband understands that this is not something he can go back on if you divorce: he will have to pay child support, not the biological father.

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Answered on 2/20/04, 8:32 am


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