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Novi MI adoption lawyerThe adoption process typically involves a great deal of complexities and obstacles before you can welcome your adopted child home. In the face of such adversities, it may seem like the easiest option is to give up. However, there are actions you can take to overcome these hurdles and successfully become an adoptive parent. An obstacle that prospective adopting parents should be aware of is the possibility of their adoption petition being denied. Unfortunately, even relatives to the child or stepparents who have helped to raise the child may be denied at this point. This rejection can be combated by appealing the decision in court.

Reasons a Petition May Be Denied

While it is unlikely for an adoption to be denied, it is still possible and needs to be considered when maneuvering through the adoption process. There are a wide range of reasons why your petition for adoption may be denied, including the following:

  • You have a criminal felony on your record that you failed to disclose in your application

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Novi family law attorneyIn Michigan, when a couple is married, the spouses are both accepted as being the legal parents of their child. This holds true for both opposite-sex and same-sex couples. But what about when couples are not married? It can be quite difficult to figure out parental rights, such as child custody. If you are currently dealing with child custody issues, understanding your rights is key.

Unmarried Fathers in Michigan

Unmarried mothers are presumed to have primary custody of their children unless the biological father establishes paternity and attains a court order of custody rights. Unmarried fathers can establish paternity voluntarily with the agreement of the mother by signing an Affidavit of Parentage either at the hospital when the child is born or later on. If paternity is contested, a father can establish parentage through the court in a process that typically involves genetic testing to determine if there is a biological relationship.

After establishing paternity, a father will need to take additional legal action to pursue a new custody arrangement. Keep in mind, however, that under Michigan law, it can be very difficult for a biological father to establish paternity and get custody rights if the child’s mother is married to another man, as that man will already be presumed to be the child’s legal father.

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novi adoption lawyerMost people who have grown their family through adoption will agree that it is a fulfilling experience. Many children in the foster care system are available for adoption and are waiting for forever families, but before they can find a family, that family must meet specific requirements. One of the biggest requirements is the successful completion of a home study. Home studies are meant to ensure that the adoptive family is suitable for a child, but the process can be extensive. If you are considering adoption, you should be aware of the requirements to adopt and be prepared for your home study. 

Elements of a Home Study

Every person who wants to be a foster parent or adopt a child in Michigan must complete a home study. The home study is typically done by your adoption worker, who is a licensed social worker. The home study is conducted through a series of meetings between you and your adoption worker, at least one of which must be at your home so the worker can observe where a child would be living. During the home study process, the adoption worker will gather information about: 

  • Your family’s personal history. The adoption worker will conduct interviews with everyone in the household, including any other children you already have. Your personal history is meant to provide the adoption worker a snapshot of what kind of family you are and what kind of child may do well in your household. The adoption worker will compile your family history into a report that will be used during the placement process.

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Oakland County separate maintenance lawyerThere are a variety of reasons why marriages break down or fail, leading couples to pursue a divorce. However, this will legally terminate a couple’s marriage, which is an irrevocable step that some couples may not be ready to take. In many cases, couples choose to have a trial separation while they determine whether they can repair their relationship, or they may wish to remain married for religious or cultural reasons. 

Those who want to begin separating from their spouse but do not yet want to get divorced may be considering a legal separation. The laws in Michigan refer to this type of situation as “separate maintenance,” and couples will need to understand the procedures followed in these cases and the legal issues that may affect them.

Understanding Separate Maintenance

If a person is looking to separate from their partner while remaining legally married, they can file a complaint for separate maintenance. This complaint is similar to a petition for divorce, and as with a divorce petition, it will state that the marriage has broken down irretrievably. After being served with a complaint for separate maintenance, the other spouse can admit or deny the grounds cited, or they can file a counterclaim for divorce and begin the process of legally ending their marriage.

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Farmington Hills family law attorney paternity

All children have two biological parents, but these individuals will not always be considered the child’s legal parents. If a mother is unmarried when her child is born, she and the child’s other parent will need to take steps to establish paternity in Michigan. Doing so can not only provide a child with a sense of identity and belonging, but it can also provide the child and the parents with a number of other legal benefits.

How Is Paternity Established in Michigan?

If a mother is married when her child is born, her spouse will be the legal parent of the child. If the mother got divorced within 10 months before her child was born, her ex-spouse will be the child’s legal parent. Typically, in situations where the mother is unmarried, the child’s father will not be recognized as a legal parent until paternity is established.

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Oakland County Bar Association State Bar of Michigan Collaborative Practice Institute of Michigan WCCDBA Woman Lawyers Association of Michigan
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