Legal Question in Family Law in Michigan

My wife left me, gave birth to our child and now won't let me be in the child's

During her pregnancy, my wife left me (in CA) & moved to MI. She informed me she was carrying our child, however, she wouldn�t disclose the due date nor the unborn child�s health. Her words were �It was hers & I was no longer wanted�.

Three months after the birth of my daughter, MI notified me for child support & sent a copy of the birth cert, noting me as the father. Until then, my ex-wife continually denied she�d given birth.

My ex-wife has physical/legal custody; she will not allow me near my daughter. She is a drug addict (was kicked out of the Navy for her addiction & personality disorder), has one child in the system (removed from her because of her addictions) & is pregnant w/her 3rd (current boyfriend, with whom she resides, is allegedly the father).

My daughter is 9 months old I have still never seen her. (My ex-wife won�t consent to DNA testing, her affairs ended our marriage.)

I�m in the Navy with a stable, M-F day job & a supportive family. I�ve provided child support continually. I believe my daughter has a right to a better life than that of a child whose mother is a drug addict.

Please help�MI law is protecting this woman to the full extent & I want my daughter!!

Thanks for any suggestions


Asked on 7/23/02, 2:15 am

1 Answer from Attorneys

John C. Talpos Talpos & Arnold

Re: My wife left me, gave birth to our child and now won't let me be in the chil

I have received a copy of your e-mail detailing the unfortunate cicumstances of your child. Michigan uses a "best interest of the child" test to determine custody. While it is not impossible for a father to obtain custody of an infant, it is difficult. please give me a call if you wish to discuss the specifics of your case. There are several facts that I would need to know to give you more specific advice. John C. Talpos (http://www,Mich-Lawyer.com)

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Answered on 7/23/02, 6:15 am


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