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Step-Parent Adoption but Unmarried

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  • 12-13-2010, 02:29 PM
    jotajota
    Step-Parent Adoption but Unmarried
    My question involves adoption law for the State of: Michigan

    Here are the case facts:
    A man (pseudonym John) cares for a child who he does not know to be biologically his. The child's mother and John were together while she was married to the child's assumed and legal father. John was in the hospital when the child was born, named him, and has cared for him as his own since birth. John is married to another woman but continues to care for this child, who is 8 years old, as his own. His legal father has been in prison for criminal sexual conduct (of an unrelated victim) for 7 of the 8 years and is not eligible for release until at least 2016. His legal father also physically abused the mother.

    John and the child's mother want to address the potential situation of the legal father exiting prison and trying to make contact with the child. John would also like, and the mother will agree to, legal rights to visitation, etc. Ideally, Mother and John would like John to be the child's legal father, if it is possible. No DNA test was taken. The legal father was assumed to be the father because of the marriage. The mother states that the legal father is likely the biological father, but John is willing to state that John is. They do not want a DNA test for fear that it could prove otherwise.

    Here are the questions:
    Is it too late to disestablish the legal father?
    If he can be disestablished, would the court accept an acknowledgement of paternity from John without a DNA test?
    If the legal father chose to object, would he have standing as his parental rights could be terminated due to his prison sentance?
    If an acknowledgement of paternity is not possible, would the court allow John to adopt, assuming the mother would remain the child's mother and they are not married?
    Will the court allow the mother to terminate the rights of the legal father if John cannot and no one else is to adopt?
    Is there any other way John can seek legal filiation with the child?

    Thank you for any help, advice, and/or statutory or case law citations.
  • 12-13-2010, 02:41 PM
    Dogmatique
    Re: Step-Parent Adoption but Unmarried
    The state will not accept a challenge to paternity at this point without DNA evidence.

    Mom's best bet is to speak with an attorney and look at Michigan statute Statute: § 712A.19b(1),(3),(6) , which allows for TPR for felony conviction/incarceration.

    Other than that, the courts generally require a marriage to be present in order for a stepparent adoption to take place.

    Either way Mom should speak with a local attorney immediately; this isn't going to be a do-it-yourself project and she needs to make sure all her ducks are in a row.

    On a positive note - she stands a better chance than most TPR inquiries we see here :)
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