EX stop adoption?

[John Galt]

Mrs. Gia

The paperwork I signed was for use when the bio dad and the bio mother are not married, but have a child.

I adopted the oldest of her two that she brought into the relationship, and just figured that the paperwork signed for the youngest took care of the rest.

I have one bio by her. So 3 in total. Oldest adopted, middle "signed" for, and youngest created.

Any Q's please ask.

Thanks ever so much for your response.

j g

 

[CMSC]

I am so confused. You signed paperwork on the baby because you weren't married? Was it an acknowledgment of paternity and where was it signed at?

Veronica, I am not trying to slam you but, is there a statute or anything that says once your named in a divorce paper as dad that you are legally dad? Divorce papers are not paternity papers. If this mom wants to contest he is dad and have someone else adopt the child, she could easily do that.

 

[John Galt]

Mrs. Ryry

The ex had two children coming into the relationship. 3 months, 3yrs. I married her with the 2 children and within 2 years. I adopted the oldest and thought I signed for legally the youngest.
The bio dad had been deceased for some time now at this point. I hope this clears up anything. Sorry for being so vague at times but the story would give me writers cramps. Hope I cleared up the Q's.

The paperwork I signed was mis-applied to our situation. It was signed at the city hall of the child's birth.

I will provide any info for better understanding.

j g

 

[VeronicaGia]

John, let me make sure I understand you

Child #1 was born to your wife and you adopted him/her. Child #2 was born to your wife and you thought you adopted her. The bio-dad of this child is deceased and your wife is collecting SS on behalf of the deceased bio dad. Is that for both children #1 and #2 - in other words, do children 1 and 2 have the same biological, deceased father? Child #3 is your biological child.

You are in the process of a divorce and all three children are mentioned in the divorce papers as your children, and the court is deciding custody and child support for all three children. You carry all three children on your health insurance and have "openly held out all three children as your own." All three children have your last name. The court, at this point, for all intents and purposes, considers you the father of all three children. Is this all correct?

If so, is she now bringing information to the court that you are neither the biological nor the adoptive father of child #2? Is it for the purpose of collecting social security for the child from the deceased bio-dad? If so, the court may deem you the punitive father, and as Ms. Philpot stated, you likely have nothing to worry about. Ms. Philpot is an attorney, I believe, and you would do well to follow her advice. The court is not likely to remove you from the life of this child just because mom is greedy and wants to collect social security. In actuality, she is likely trying to get out of the fraud she's already committed by collecting social security. The judge probably will not like this at all. Stress the fact that you have "openly held all three children out as your own" because this is one of your best defenses.

You also said: "The paperwork I signed was mis-applied to our situation. It was signed at the city hall of the child's birth."

How was it misapplied? In what way? Do you have a copy of what you signed? If not, you need to get to the county and get copies immediately. Call the Wayne County Clerk and explain the situation. What was the paperwork applied to, if not the birth certificate?

Ryry's mom - no slam taken. However, this man has openly held this child out as his own for 10 years. I believe that makes him the punitive father, whether or not an adoption took place. While I don't agree with this practice, John considers this child his, and this child considers John "father." A judge will take that as serious weight in these proceedings.

 

[CMSC]

YOu don't have to go into detail. I just am wondering who did you give the paperwork to at city hall? Were they adoption papers? See where I am confused is that you said they were papers for when a mom and dad aren't married, that would be an acknowledgment of paternity. But if they were adoption papers and there was a hearing it would have been mentioned if you weren't adopting the other child. See what I mean? SO what do you think happened to those papers?

 

[CMSC]

Veronica, the point I was trying to make is that he legally IS NOT the father. I just wouldn't want him to walk into court and ask to adopt the child (which would be obviously without mom's consent) and be turned down and not understand why.

You are right he should probably listen to dorenephilpot and if she can come back and explain why the child can use his name if it isn't her birth name or her legal name that would be great!

As it stands, if mom doesn't want you to be dad then she can say, I want a DNA test. Now, was there any sort of custody arrangment made during the divorce?

Another thing is if you adopt, there still is a slim chance that her name may not be changed...very slim chance, but around here I have seen it happen 2 times that I know of because the children were old enough to say they didn't want to change their names.

 

[John Galt]

Mrs Gia and Ryry's mom,

I have been divorced for 3 yrs now and not in process. The divorce paperwork names me as the father and I have I believe joint legal custody. I am making sure all my bases are covered with my children because I feel a storm is on the horizon. I told the ex that I wanted to adopt the middle and she flatly refused, so now I need to know what her next move may be to be spiteful knowing that I am not on the BC. I need to know where I stand with the law and what I can do to make sure she reamains my daughter.

The ex only claimed death benefits for the oldest because if she made a claim for the youngest, then she would have to acknowledged that that child was his also to his family and she did not want that. So they felt that the new baby wasn't his and she fed that fire by not even bringing up the subject. So in she alienated the child from family that she should have known.

The paperwork that I was led to believe would put me on the Bith. Cert. was paperwork designed to be used for a couple who are not married at the time of the child's birth but acknowledge in unison that both are the biological parents. When I found this out years later, the clerk told me I had committed perjury and that you must adopt in Michigan to be put on the birth cert. No adoption papers were filed at the time because it was my understanding that the paperwork that the ex found to use was correct. She handled the matter of paperwork while I was at work.

Now the ex I feel is going to try to get SS benefits using the child since there is no adoption. I do not want her to suckle of this child like she is doing the other.

Here's a question for you, Since I am recognized as the father in the divorce papers, would this stop the ex from collecting death benfits for the child in question since she has not been adopted, but has an extablished father. I feel the ex now wants to collect for said child since she was never adopted. This may be her loophole.

Any more Q's just ask. Pretty interesting, huh?

j g

 

[VeronicaGia]

John, some info that is not in your favor

This is what I found. Pay particular attention to 722.1011 below

ACKNOWLEDGMENT OF PARENTAGE ACT (EXCERPT)

Act 305 of 1996

722.1003 Acknowledgment of parentage; form; validity; signatures; copy.
Sec. 3.
(1) If a child is born out of wedlock, a man is considered to be the natural father of that child if the man joins with the mother of the child and acknowledges that child as his child by completing a form that is an acknowledgment of parentage.
(2) An acknowledgment of parentage form is valid and effective if signed by the mother and father and those signatures are notarized by a notary public authorized by the state in which the acknowledgment is signed. An acknowledgment may be signed any time during the child's lifetime.
(3) The mother and father shall be provided a copy of the completed acknowledgment at the time of signing.
History: 1996, Act 305, Eff. June 1, 1997 .

ACKNOWLEDGMENT OF PARENTAGE ACT (EXCERPT)

Act 305 of 1996

722.1004 Acknowledgment as basis for court ordered child support, custody, or parenting time; relationship and status of child.
Sec. 4.
An acknowledgment signed under this act establishes paternity, and the acknowledgment may be the basis for court ordered child support, custody, or parenting time without further adjudication under the paternity act, Act No. 205 of the Public Acts of 1956, being sections 722.711 to 722.730 of the Michigan Compiled Laws. The child who is the subject of the acknowledgment shall bear the same relationship to the mother and the man signing as the father as a child born or conceived during a marriage and shall have the identical status, rights, and duties of a child born in lawful wedlock effective from birth.
History: 1996, Act 305, Eff. June 1, 1997 .

ACKNOWLEDGMENT OF PARENTAGE ACT (EXCERPT)

Act 305 of 1996

722.1005 Acknowledgment of parentage; filing with state registrar; review; maintenance as permanent record; review; procedures and payment for issuance; basis for preparation of new birth certificate.
Sec. 5.
(1) A completed original acknowledgment of parentage shall be filed with the state registrar. Upon receipt of an acknowledgment, the state registrar shall review the form. If it appears to be properly completed and notarized, the state registrar shall file the acknowledgment in a parentage registry in the office of the state registrar. An acknowledgment filed with the state registrar shall be maintained as a permanent record in a manner consistent with section 2876 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.2876 of the Michigan Compiled Laws.
(2) The state registrar shall issue a copy of an acknowledgment filed in the parentage registry under the procedures and upon payment of the fee prescribed by section 2891 of Act No. 368 of the Public Acts of 1978, being section 333.2891 of the Michigan Compiled Laws.
(3) Upon filing, the completed acknowledgment form may serve as a basis for preparation of a new certificate of birth as provided in section 2831 of Act No. 368 of the Public Acts of 1978, being section 333.2831 of the Michigan Compiled Laws.
History: 1996, Act 305, Eff. June 1, 1997 .

ACKNOWLEDGMENT OF PARENTAGE ACT (EXCERPT)

Act 305 of 1996

722.1011 Acknowledgment of parentage; claim for revocation.
Sec. 11.
(1) The mother or the man who signed the acknowledgment, the child who is the subject of the acknowledgment, or a prosecuting attorney may file a claim for revocation of an acknowledgment of parentage. If filed as an original action, the claim shall be filed in the circuit court of the county where either the mother or man resides. If neither of those parties lives in this state, the claim shall be filed in the county where the child resides. A claim for revocation may be filed as a motion in an existing action for child support, custody, or parenting time in the county where the action is and all provisions in this act apply as if it were an original action.
(2) A claim for revocation shall be supported by an affidavit signed by the claimant setting forth facts that constitute 1 of the following:
(a) Mistake of fact.
(b) Newly discovered evidence that by due diligence could not have been found before the acknowledgment was signed.
(c) Fraud.
(d) Misrepresentation or misconduct.
(e) Duress in signing the acknowledgment.
(3) If the court finds that the affidavit is sufficient, the court may order blood or genetic tests at the expense of the claimant, or may take other action the court considers appropriate. The party filing the claim for revocation has the burden of proving, by clear and convincing evidence, that the man is not the father and that, considering the equities of the case, revocation of the acknowledgment is proper.
(4) A copy of the order of revocation shall be forwarded by the clerk of the court to the state registrar. The state registrar shall vacate the acknowledgment and may amend the birth certificate as prescribed by the order of revocation.
(5) Whether the claim for revocation under this act arises as an original action or as a motion in another action, the prosecuting attorney, an attorney appointed by the county, or an attorney appointed by the court is not required to represent either party regarding the claim for revocation.
History: 1996, Act 305, Eff. June 1, 1997 .

 

[VeronicaGia]

What the last section boils down to is that she can ask that your acknowledgement be revoked. She, however, would have to admit to fraud, misrepresentation or misconduct on her own part as well as yours.



Your response could be one of the following:

You have held the child out as your own and consider the child to be yours and would like to continue to be the child's father physically, emotionally and financially OR

If she is intent on revoking parentage and collect SS, you would file an order to stop paying support and to have the child removed from your health insurance, and ask the court to permanently bar her from seeking support from you in the future for that child.

Unless you can come up with a 3rd scenario, these are your options. She apparently only cares about the money and has no concern for the child. She probably gets more from SS then from child support. What a sick b----.

 

[CMSC]

Trust me John, I know a little about a man signing paternity papers when a child isn't really his.

I had a son I placed up for adoption, BUT the adoptive father signed the acknowledgement of paternity (without my knowledge)...I ended up getting my son back and I wanted to change the birth certificate but I would have to admit to fraud even though it was unknown to me at the time.

So here is another question cause I still don't think I am understanding. You say you signed the paperwork, I got that part, but where did it go once you signed it? I mean, you said the clerk in michigan told you years later you couldn't do that, have you ever seen the birth certificate? What circumstances surrounded this clerk telling you that you had to adopt the child?

 

[John Galt]

More pieces to the puzzle.......

Once the paperwork was signed we took it back to the city courthouse for filing thinking that automatically I would be put on the birth certificate...........

When the ex refused me copies of the B.C.'s I went and got them my self. When I received the children's copies I found myself not to be on the middle child's B.C. and thus back tracked to find out why.............

Tracing back to the city courthouse, they pulled up her records and the paperwork that I signed. Relating the situation to the clerk low and behold it comes out that the paperwork used was useless for the situation. In Michigan you have to adopt.

Now, will a judge override her objection to adopt. If I can fight to be on it out of principle, I will.

j g

 

[VeronicaGia]

John, I really don't know that any judge would literally force her to allow you to adopt the child. I'm sure stranger things have happened, but this sounds like a rarity.

Most importantly, does the child know all this? Who will explain all this? How can it be explained? You need to get prepared, because biomom may get a wild hair and tell the child you don't want to adopt.

Also, biomom cannot have it both ways. She either collects SS and stops all support/visitation from you, or she accepts support/visitation and stops SS. You need to discuss this with your attorney now. Even a few thousand in attorney fees now could save headaches later. You need to know how to proceed here, and find out if you unintentially had any criminal wrong-doing.

This child is going to pay for the sins of this mother. What a mess!

 

[John Galt]

Yes, the wild hair already sprouted in the past with her ranting about how I'm not their daddy and they should call me by my first name. Yea, already went through that storm and the little ones were explained to about what she was talking about. But I had talked to them about this subject since they were young. My middle says, "You're not my real daddy, but you're my only daddy." Still makes my eyes swell up. I have also had an open forum with them about me not being on the B.C. but that still not matter where it counts, with us. She knows I want to adopt for the principle and also if I do not or can't, the paper is worthless. We as a family know how dad is and feels.

Last time we went to court, I played the SS card and she became reasonable. I would not be held accountable for her collecting fraudulantly due to the fact the ex is the signer of the check and it was her responsibility to notify SS about any significant changes in the childs life. The paperwork SS sends out should have stated these changes.

Love and security from dad will withstand all.

j g

 

[VeronicaGia]

I'm very glad they already know that no matter what, their daddy loves them. Keep telling them that, because you never know what she's putting into their heads.

It sounds like the kids already know their mother a little too well. She has no shame, and she will be very, very lucky if all this doesn't backfire right into her lap.

Keep us posted.

 

[Multimom]

if you take her to court and get your name on the birth certificate she can still come in married some day and ask the courts to do a DNA test on you to prove you aren't dad and to let her new man adopt

The kicker here is if she comes into court demanding paternity verification, she could be sued for all child support paid in the past if you are determined not to be biological father.

You would have to pay to the support agency but then you could turn around and sue her for wrongful collection of child support.

I doubt any woman is that stupid. It would create a huge mess if she tried to declare you not the father because then she's liable to repay all the support you paid to her.