QUESTION
What are my options when it comes to keeping her safe and stable?
Asked on Oct 07th, 2014 on Child Custody - Michigan
More details to this question:
My daughter is now 7.5 years old. Her biological father went to prison when I was three months pregnant and first got out when my daughter turned three. I was more than willing to visitation. I even dropped her off and picked her up for overnight visits. Within maybe 2 or 3 months, he began using alcohol and drugs and within 6 months was sent back to prison until recently. He is now filing for parenting time. In all of these years, I never allowed any contact between them. She really has no idea who he is! He has never paid a penny in child support, or has he done anything for her, period. He has an extensive criminal record including domestic violence, alcohol, drug use, etc. My husband and I have fully provided for my daughter her entire life. She only knows my husband to be her father. She has a very good, stable life in a loving happy home. Does he really have rights to being a parent? Unfortunately, his name is on her birth certificate. Being that he has never been around or provided for her in any way, and the fact that he cannot even take care of himself, I am confused as to why he would be able to see her at all. Please help!!
3 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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See an attorney about potentially having his parental rights extinguished, or very closely monitors or limited.
Answered on Oct 10th, 2014 at 10:31 AM
The problem is that he is still the natural father. Now it is possible to stop parenting time if there is sufficient potential harm from him seeing her. We have some rather good investigation people and if you retain a good attorney, it is just possible that his parenting right might be terminated-no false hope-just a question of if the facts support it.
Answered on Oct 09th, 2014 at 4:30 PM
If his parental rights have never been formally terminated, he does still have certain rights regarding the child. I would not be too concerned as it sounds like no judge is going to want to subject the child to his lifestyle and his presence is probably not in the best interest of the child. You would be better off at least sitting down with an experienced family law attorney in your area to make sure that your rights are protected. You may also want to seek support from him now that he is out of prison.
Answered on Oct 09th, 2014 at 4:26 PM