Legal Question in Family Law in Michigan

Abuse/adoption

My ex-husband had his rights terminated by a judge because he was asbusive and unfilt to take care of a child. ( This was before we where married. And I am the child's biological mother.) I gave up my rights and placed the child for adoption. We had another child together. According to the lawyer of the adopting parents of the first child, they could have come and taken the second child and adopted him as well. Their lawyer said there is a law that states this. It was named after the person (I believe a woman) who came up withthe law. Could someone please tell me the name of this law?


Asked on 2/03/03, 9:00 am

1 Answer from Attorneys

Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Abuse/adoption

Several years back Lt Governor Connie Binsfield sponsored a committee which investigated and revamped Child protection laws in Michigan. The legislation which evoved from this is known as the Binsfield legislation. Among other things it mandated the FIA to look into starting an investigation and termination proceedings in cases where a parent either gave up custody to the state ot the parental rights were terminated by the state whenever another child is born and the state becomes aware of such. Was tweaked a little after the firsat year to allow such to occur only when there is evidence which could support a new petition. For most individuals who have had their rights terminated this means that there is a good likelihood that the state will try and grab the new child. If you are pregnant talk with an attorney for guidance as there are ways you can get around the legislation, i.e. guardianships. Good luck.

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Answered on 2/03/03, 12:09 pm


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