Post-Adoption Challenge

[jschlotta]

What is the name of your state?

MICHIGAN

We adopted my daughter in June 2004. She is my Wife's cousin's girl. We were originally trying to help the mother and her husband get through all the legal hassle of getting her back but they didn't follow through and their rights were terminated.

Quick history:
Mother - voluntary termination
Legal Father/Husband - not bio-dad / on birth certificate / voluntary termination
Birth Father - stated in court documents / never tested for paternity / was in jail for felony convictions / is currently out / involuntary termination

A man went to the courts and claims to be her father but was never mentioned to the courts before the termination or before the adoption. The mother says he is not the father. He is requesting the court to grant him a paternity test and based on those results he wants to seek full legal custody. There isn't really a chance that he's the father and he looks like he's not really up to date on all of the information (termination/adoption).

We went along with all the steps the Family Independence Agency (FIA) worker said should happen. We also asked if we need to terminate on John Doe's. She consulted the FIA and others and they said that since the mother identified the bio-dad and the legal father and both were terminated we didn't need to worry about other men.

We're wondering what might be motivating this now that my daughter is nearing her 4th birthday in March? We're wondering if we can stop him before the court considers his complaint?

We've consulted with a lawyer already but would like some second opinions, any help is greatly appreciated.

[nextwife]

[url]http://laws.adoption.com/statutes/michigan-laws,3.html[/url]

Consent Laws
Who Must Consent to an Adoption
Statute: § 710.43

* Each parent or surviving parent
* The authorized representative of the child-placing agency to whom the child has been released
* The child's guardian
* The court or tribal court having permanent custody
* If the parent of the adoptee is a minor, the minor's parent

Age When Consent of Adoptee is Considered or Required

Statute: § 710.43

* A child 14 years of age or older must consent to the adoption.

When Parental Consent is not Needed
Statute: §§ 710.37; 710.43; 710.51(6)

* The putative father denies paternity or interest in custody.
* The putative father fails to respond to notice of adoption.
* The putative father is unknown, or his whereabouts are unknown, and he has not made provision for the child’s care.
* If a putative father fails to file a notice of intent to claim paternity prior to the expected date of confinement or birth, he waives any rights to the child and thereby consents.
* The parent fails to provide support.
* Parental rights have been terminated or relinquished.
* The noncustodial parent has failed for 2 years or more to support or communicate with the child.

When Consent Can Be Executed
Statute: §§ 710.29; 710.44; 710.34; 710.31

* Consent may not be executed until after an investigation and a judge has explained their rights to the parents.
* At the mother's request, her consent shall be delayed until the court determines the status of the putative father's request for custody.

How Consent Must Be Executed
Statute: §§ 710.29; 710.44

* Release is executed before a judge or referee of the juvenile court.
* If the release is given by an armed services member, incarcerated person, or agent of a child-placing agency, it is executed before a person authorized to administer oaths.
* The parent must verify that counseling was received and no payment was offered.

Revocation of Consent
Statute: § 710.29

* The person who granted consent may petition the court for a hearing on whether to grant revocation.
* A release may not be revoked if the child has been placed for adoption, unless the child was placed as provided by § 710.41(2) [while an appeal of a termination of parental rights is pending], and a petition has been filed for a rehearing within the time required.

[jschlotta]

Thank you for your help in this matter, I've followed up with the site and with the Law Library referenced by some of the links. The meeting with the lawyers will be much better than expected.

We greatly appreciate your help....

God bless !

[nextwife]

Good luck! Come back and let us know what happens.