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Husband terminated rights to DHS before divorce. Need Advice

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mwatter111611

Junior Member
What is the name of your state (only U.S. law)?
Michigan

My husband voluntarily gave up his rights in August 2014 to DHS and we were still married. Our daughter suffered a head trauma when she was 3 weeks old (May 2014) she is constantly in and out of the hospital and her medical bills are steep. She was moved to FL in August for better treatment, while I was gone my husband filed to terminate his rights and then filed for divorce shortly after. Which states that we have no children together. I have since been living on FL as he took everything, money, vehicles etc. And our daughter cannot be moved easily. I have been let go of every job I had in FL because my daughter is in and out of the hospital. I need the support money but have been told I am just out of luck. My question is what my husband did even legal & why did the state allow it? Is there anything I can do to fight this now and if I can't get support from him do I need to go after the state of MI for support since they are responsible for her now. Any advice is greatly appreciated.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)?
Michigan

My husband voluntarily gave up his rights in August 2014 to DHS and we were still married. Our daughter suffered a head trauma when she was 3 weeks old (May 2014) she is constantly in and out of the hospital and her medical bills are steep. She was moved to FL in August for better treatment, while I was gone my husband filed to terminate his rights and then filed for divorce shortly after. Which states that we have no children together. I have since been living on FL as he took everything, money, vehicles etc. And our daughter cannot be moved easily. I have been let go of every job I had in FL because my daughter is in and out of the hospital. I need the support money but have been told I am just out of luck. My question is what my husband did even legal & why did the state allow it? Is there anything I can do to fight this now and if I can't get support from him do I need to go after the state of MI for support since they are responsible for her now. Any advice is greatly appreciated.

And precisely how did he manage to do that?

Do you mean that he abandoned her and his PARENTAL RIGHTS were terminated, or do you mean he simply didn't want custody?
 

mwatter111611

Junior Member
That is what I dont know. Since DHS is her guardian in MI now shouldn't they be wondering where she is? Why did he sign them to DHS and not to me?

He just did not want a "retarded, disabled baby".
 

Proserpina

Senior Member
That is what I dont know. Since DHS is her guardian in MI now shouldn't they be wondering where she is? Why did he sign them to DHS and not to me?

He just did not want a "retarded, disabled baby".
We obviously don't know what was going on in his head, but clearly there's something missing here.

What do you have which says the state is the child's guardian? (I have a feeling what's going on, but let's see).

What exactly did you sign while the divorce was ongoing? What does your decree say?
 

mwatter111611

Junior Member
He signed a PCA 305. It states that he is terminating his rights permantly and willfully to the Michigan Dept of Human services to be placed for adoption.

I never signed anything agreeing to this. And my name is mentioned nowhere on the document. My divorce decree mentions none of this either & there is no mention of any children.
 

Proserpina

Senior Member
He signed a PCA 305. It states that he is terminating his rights permantly and willfully to the Michigan Dept of Human services to be placed for adoption.

I never signed anything agreeing to this. And my name is mentioned nowhere on the document. My divorce decree mentions none of this either & there is no mention of any children.

So he signed, but there was ever a hearing, a court order? If that's the case, he hasn't signed away anything.
 

Proserpina

Senior Member
And you need to file for CS - from him - asap.

The court isn't going to leave you responsible for everything - and the tax-payers don't want to pay for the rest of it.
 

mwatter111611

Junior Member
Sorry for not clarifying. It is a court order. His hearing in front of a judge was the same day I left for FL with our daughter. I had no idea about any of this.
 

Proserpina

Senior Member
Sorry for not clarifying. It is a court order. His hearing in front of a judge was the same day I left for FL with our daughter. I had no idea about any of this.
You need to get in front of an attorney. It doesn't make any sense to me - none of it, actually.
 

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