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Michigan Adoption Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: What are the penalties for allowing adopted child who is out of control go stay with biological mother in another state.

Family related adoption but biological mother parental rights were terminated.

Brent T. Geers
Brent T. Geers answered on Jul 16, 2021

I'm not sure there would be any penalties. Typically, an adoption from a termination case ends that court's involvement and vests full parental rights on the adopting person. They are then free to pass on that authority in any legal way - common examples would be through a parental power... Read more »

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: My perental rights have been terminated and I l would like to see about getting a open adoption on Michigan?
Brent T. Geers
Brent T. Geers answered on May 10, 2021

Are you looking to adopt a different child? If your parental rights have been terminated, you face a significant uphill battle. First, you have no say in who can adopt your child or children; nor can a court direct it. Second, if your rights have been terminated, you almost certainly are on Central... Read more »

1 Answer | Asked in Family Law and Adoption for Michigan on
Q: If a foster parent’s license is revoked, are they able to reapply for licensure? Is there a time period requirement?

Revocation recommendation was a result of agency retaliation against the foster parent.

Brent T. Geers
Brent T. Geers answered on May 8, 2020

There might be a time period requirement. But even if there's not, or you meet that requirement before reapply, understand that a great deal of discretion is in the hands of local DHS officials and the agencies themselves. At the least, your application will receive heightened scrutiny, and... Read more »

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: How long do I have to try to overturn an adoption in Michigan that was not consent! My children were adopted in 2017!
Brent T. Geers
Brent T. Geers answered on Feb 24, 2020

I would say you're well past any time limit. I am unsure how an adoption moved forward without your consent unless your parental rights were terminated.

1 Answer | Asked in Adoption for Michigan on
Q: Is there any circumstance in which a 14 year old might be adopted by a step father without being involved?

The child doesn’t know that the father isn’t his biological father — the step father tried 2 adopt him years ago but the biological father opposed it (the only thing he’s ever done “for” the child). Now the biological father is deceased. The step father has been the in loco parentis... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

I believe with the child being 14 years old, the child would have to consent to the adoption, so there would not be a way to do so without his or her knowledge. But I think the stepfather very well could file for adoption at this point.

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: Can I get custody of my niece?

My niece was removed from her mom due to drugs. My brother(out of state not in the picture) is the biological father. When my niece was removed she was placed with the mothers sister. My niece has recently been removed because of the aunt had kids fighting at her house and it is an unstable... Read more »

Brent T. Geers
Brent T. Geers answered on May 27, 2019

Your ability to intervene depends in part on your brother's legal status to the child. I understand that he is the biological father, but is he the legal father? It sounds like with the removal, this case may be heading toward a termination proceeding, in which both the mom and your... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: Child abandoned by mother, should we worry about her coming back?

My boyfriend has had his daughter full time since she was born, he and his ex lived in an apartment in Nevada at the start and tried living life the "normal" way. Soon after (about 4 months after birth) the bio-mom started partying and not being responsible. She has a lengthy history of... Read more »

Brent T. Geers
Brent T. Geers answered on May 25, 2019

One question that needs to be addressed is why does your boyfriend's parents have guardianship. That aside, ex-girlfriend could not just show up and take the child. She could, of course, reenter the picture. But given the amount of time that's passed, and the other issues going on with... Read more »

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: What do I have to do for my Father to legally adopt me?

He is the man on my birth certificate, however, he’s not my biological.

Also, would my biological father have to get involved?

Brent T. Geers
Brent T. Geers answered on Apr 2, 2019

I am confused by your question. If the man you consider to be your father is on your birth certificate, I don't think an adoption is possible or even what you're after. The adoption process is, very simplistically, a means to name a legal father. In the eyes of the law, that man is... Read more »

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: Ok did adoption in Michigan n the adopt parents kept babies name with my last name. .

They did this so medicaid would pay for babys hospital stay

As soon as they got back to atlanta...thwy changed his last name to theres when they moved. Isnt this illegal

Brent T. Geers
Brent T. Geers answered on Apr 2, 2019

Likely not. Once the adopt is finalized, the adoptive parents have all the same rights (and responsibilities) that any parent has - including the right to petition a court to change a child's name.

1 Answer | Asked in Adoption, Child Support and Family Law for Michigan on
Q: My son is 8 years old. His biological father is aware that the child exists but is NOT on the BC or signed an affadavit.

The Biological father moved out of state. If he comes back would he be ordered to support from the child's birth? State assistance was used for my son's prenatal and birth care. I am looking at getting married and doing a step parent adoption. I believe I would have to given him legal... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 12, 2019

Quite likely, yes. That aside, it would seem that you could still proceed with a step parent adoption, having his rights terminated for non-support.

1 Answer | Asked in Family Law and Adoption for Michigan on
Q: Does conservatorship end with the adoption of a minor? As the legal parent now, can I access my child's funds?

There is currently a secured bank account and I an required to file an annual accounting to probate Court

Maureen Martin Caster
Maureen Martin Caster answered on Jan 22, 2018

The conservatorship continues until either the judge terminates it after you file a motion requesting it be terminated or the child turns 18. Most counties are going to continue the conservatorship and require the annual accountings.

1 Answer | Asked in Adoption for Michigan on
Q: My nephew was born meth addicted, the mother does not want to give him up. What are our chances of adopting?

She has a pending parole violation and possession charges. She has lost all rights to her previous child, and has a history of child abuse with her. She has only supervised visitation with this child. We have court approved custody at this point.

Brent T. Geers
Brent T. Geers answered on Jan 11, 2018

I would say that you have a very good chance of adopting. It sounds like there is a pending abuse/neglect case, which could lead to termination of parental rights. The goal in those proceedings is reunification whenever possible (absent some extreme circumstances where immediate termination is... Read more »

1 Answer | Asked in Adoption for Michigan on
Q: Can I adopt my step daughter. Birth mom has not been in her life for 4 years
Brent T. Geers
Brent T. Geers answered on Oct 25, 2017

Possibly. Assuming you are married to the other parent, and there would need to be a showing that Mom has been a no show AND no support over those years, or that she would consent to this adoption.

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: I take care of a son that is not my biological.He considers me his father. His mother offers no support.What rights do I

I dated a young lady for 7 plus years on and off we have not lived together for the last 2 years but her son still stays with me. She has not lived together for the last 2 years but her son still stays with me.

What rights do I have to get custody of the Son. I have enrolled him at school.... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 25, 2017

Your rights concerning the child are limited to what the mother willingly allows you to do. At any time, she can call her son home and not let you see him again. Or, the father could come in the picture and start a custody issue, of which you would have no dog in the fight.

There is a...
Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Domestic Violence for Michigan on
Q: If the judge that took my children was made to retire because of what he did. Shouldn't it be null and void!!

Shouldn't they have to redo all of the cases that were during that time? I also have where my ex stood up in court and plead guilty for abusing me and stood up in court and said that everyone that called I me lied. He through him self under the bus and explains everything in the letters. Than... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2017

The answer to your title question is no. Cases are not reheard whenever a judge retires. You have (or had) an opportunity to appeal; that is the appropriate way to address your issues.

1 Answer | Asked in Adoption for Michigan on
Q: If i have already volunteerly signed off my rights to my biological kids can i still adopt a kid?
Brent T. Geers
Brent T. Geers answered on Sep 7, 2017

You can, but I imagine every adoption agency or court will scrutinize you with a fine-tooth comb. Time and a significant change of circumstances are to your benefit.

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: What type of attorney do I need to stop an adoption even if my rights are terminated in Michigan?
Brent T. Geers
Brent T. Geers answered on Aug 21, 2017

If your rights are terminated, you do not have legal standing to do anything concerning that child.

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: My boyfriend wants to adopt my 5 yr old son

My boyfriend and i have been together for almost 3 yrs and he wants to adopt my son but the biological dad hadnt been around only met him once and has been in prison since 2012 how can we get his right terminated so he can adopt him?

Neil Colman
Neil Colman answered on Aug 7, 2017

Once the adoption process begins the court or your attorney will handle the termination of parental rights as is required by law. However, the adoption cannot be accomplished, or the process begun, unless the two of you marry. Then the courts generally want the parties' to be at least 1 year.... Read more »

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: My 18 year old daughter wants to be adopted by my fiance. How do we go about that and how long does it take?

My fiance and I have been together and living together for 9 years. My daughter just turned 18 and lost her health insurance and we are trying to be able to get her on his insurance. Her birth father is not on birth certificate, never established paternity and hasn't seen her maybe 4 times her... Read more »

Neil Colman
Neil Colman answered on Jun 12, 2017

Your daughter is 18 and an adult. You don't need the natural father's consent. Check with an experienced attorney in Probate matters regarding the adoption of an adult.

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