Legal Question in Family Law in Michigan

adoptive father signing over rights to adoptive mother

Hi,

Three years ago me and my ex husband adopted two of our foster children. We have since divorced. We oth feel that it would be in the childrens best interests if they were raised by just me. As the children never really bonded with him. His visits with the children have really tapered off to about 2 days a month due to the fac tthat the children scream evertime they go woth him and are terrible the whole time they are with him. It is not a positive experience for any involved. I guess it like going to soeoen you dont really know as he wokred 60-70 hours week when we were married. We feel that the children need stabilty they had come from a broken home and are now subject to another one and it taking a toll on them emotionally. Is there any way that he can sign over his rights to me if i totally agree to it and it is in their best interests. I want what is best for my kids. i would not ask for any supports from him.

I am not remarried but i am engaged so there is not another man to step p to the plate. My fiance is not yet ready to step up to the plate and adopt these kids either. I just want what is best for my babies. It hurts to see them suffering.


Asked on 4/19/02, 1:11 pm

2 Answers from Attorneys
John C. Talpos Talpos & Arnold

Re: adoptive father signing over rights to adoptive mother

You do not mention the county of divorce. Different judges will sometimes rule in different ways. However, the general rule is that child support is for the benefit of the child. Therefore, the custodial parent does not have the right to waive it. I would be surprised if a judge would knowingly agree to terminate it. On the other hand, if you remarry, there is nothing wrong with your husband adopting the children and that may serve as an adequate basis for termination of child support. In short, there is no good reason the children should be deprived of the financial benefits due to them by way of child support.

As an aside, visitation and child support are not normally linked together. If the problem is the attitude of the children during visitation and you all agree that it should be lessened or terminated, then let him not exercise visitation. That doesn't do away with the need for support. If you have any questions, feel free to call me. John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 4/20/02, 3:39 pm
Geoffrey Lahn Lahn, McDonagh, and Brown, PLLC

Re: adoptive father signing over rights to adoptive mother

If both of you agree to you having exclusive physical custody of the children and he is interested in giving up his rights completely - the yes it can probably be done.

Give me a call if you would like and we can discuss the matter further.

Kindest Regards,

Geoff Lahn, (734) 944-2269

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Answered on 4/19/02, 2:12 pm


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