Legal Question in Family Law in Michigan

child custody with a twist

ok, im 27 year old man, blue collar. 3 1/2 yrs ago my ex called me and said ''you have a kid now hes 2 days old, brian (her bf) got a pat test and it was neg''. i wasnt shocked i expected it. 2 months later she leaves us and never came back. she now lives in florida, she is a lowlife, drug addict. this is also her third child and all three she abandoned. i have raised him now from baby to kid and the kid is growing to look different from me so i got a pat test and im not the dad. there is nobody in her immediate family who is stable that would be capable of helping her to take care of a child. she is nowhere close and the child is VERY attached to daddy (me) and his grandma. i think i would like to continue raising him by myself and getting my name on his bc but is that what the courts would likely order?


Asked on 8/11/08, 6:52 pm

2 Answers from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: child custody with a twist

You will need to adopt the child if you want to keep custody, since you know the child is not yours. This will require figuring out who the likely potential fathers are so they can be properly notified, and mom will have to be notified as well. The court would not be inclined to just grant custody to you otherwise, but if it is in the child's best interest for you to adopt the child, and everyone receives proper notice, you should be able to accomplish your goal. You need to consult with an experienced adoption attorney about this to make sure it gets done properly.

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Answered on 8/12/08, 3:30 pm
Heather Bendure Bendure & King, PLLC

Re: child custody with a twist

The Court would probably NOT order that because you are not the biological father. It may allow you to adopt him, but not until after court proceedings to establish who the dad is and not until after the identified parents agree to it. Best of luck on this. . .

Heather Bendure

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Answered on 8/11/08, 7:11 pm


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