Parental Rights

[TerisMom]

I will try to make a long story short. I divorced my daughters father three years ago when she was 7 weeks old. He did not show for divorce hearing, has not seen her or paid support in over three years. I tried having her named changed and he has now decided he wants visitation. My daughter and I live in Michigan, the divorce was granted in Tennessee. I am now trying to have his parental rights taken. MI law says I can if it has been two years or more since he has seen her or paid support. Is this true? He started paying support two months ago at his attorneys advisement. Should I cash these checks? I got married again a year ago to a man who has been in my daughters life for two years. He wants to adopt her. We go to court September 12. Do we stand a chance?

 

[newmom]

First, I do believe the part about not seeing or paying support in a certain amount of time constitutes abandonment in MI (not positive though). BUT, just because you don't cash the support checks that you have reveived the last few months doesn't mean he isn't paying!!! It may mean you don't need it, but he's holding his end of the bargain and I think by him doing this, he has nillified the "abandonment" charge you MAY have had.

Second, a judge is not going to grant an adoption by your new husband if your ex does not sign the papers giving up his parental rights, and by the sound of it, he's not going to (unless you have some trick up your sleeve as an incentive for him to). Sometimes telling fathers that you will forgive back support (because this is money OWED and it does not go away just because he signed away his rights) will give him the incentive he needs to go ahead and do it. Good luck and keep us posted on what happens.

 

[LegalBeagle]

Is he shows up at court and states that he wants back in their life then no, you do not have much of a chance as the judge will give him 'one last chance' ...