Legal Question in Family Law in Michigan
In The Event of a Death
Let's say a married couple that have been married for about 7 years now have two daughters. Only one daughter is the husbands, but the other child has'nt seen her real dad since she was 1 year old. She's now ten. Her step-dad the only dad she's had in her life since then. She's never recieved any child support or visits from her dad. In the unlikely hood of the mother's death, what would happen to the father's step child?
Please respond, we are very concerned parents
1. Will the courts return her to her real dad
2. Will she continue to live with her sister and step-dad
3. Even if we have it in a will, that the mom wishes to not to have her and her sister split apart, can her real dad still get costody of her?????
What Advice can you give us
1 Answer from Attorneys
Re: In The Event of a Death
In the event of the father's death, the biological father would get the child, unless he doesn't want the child. Although you can express a wish in a will, it is not binding. The only way to solve the problem is to get the biological father to give up his parental rights and have the child adopted by the step-father. William S. Stern
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