Legal Question in Family Law in Michigan

Step-parent Adoption

I have a daughter that is 4 1/2. Her biological father has not seen her in over 3 years (last contact was when she was 18 mo. old), and has had no contact for almost 3 years. Since that time I have married (3rd anniversary Oct. 08) and my husband wants to adopt my daughter. My daughter knows my husband as ''Dad''. We have lived together as a ''family'' for over 3 years. Would we have any difficulties with our adoption and or Terminating the Father's Parental Rights even if he doesn't want it?


Asked on 5/01/08, 6:57 pm

1 Answer from Attorneys
Christopher Kohler Kohler & Associates, P.C.

Re: Step-parent Adoption

The short answer to your question is "maybe". Your main difficulty is that the biological father is contesting the step-parent adoption petition. If he participates in the case, he has the right to a formal hearing, or evidentiary hearing where he can present a case as to why the Court should deny the petition. Whether or not he would be successful depends on the specific facts of the case. There is legal precedent that states if a parent has had no contact with a child for at least two years prior to the petition being filed, and has not kept up with child support, then the Court may terminate parental rights without an evidentiary hearing.

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Answered on 5/01/08, 8:34 pm


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