Family Law Questions? Ask a Family Lawyer Online.
(a) Both of the following:
( i ) The child was placed for adoption with the third person under the adoption laws of this or another state, and the placement order is still in effect at the time the action is filed.
( ii ) After the placement, the child has resided with the third person for a minimum of 6 months.
(b) All of the following:
( i ) The child's biological parents have never been married to one another.
( ii ) The child's parent who has custody of the child dies or is missing and the other parent has not been granted legal custody under court order.
( iii ) The third person is related to the child within the fifth degree by marriage, blood, or adoption.
Unfortunately, this does not apply in this circumstance. MI also recognizes the "equitable parent doctrine," but the Court observed that "y its terms, this doctrine applies, upon divorce, with respect to a child born or conceived during the marriage." See: Van v. Zahorik, 575 N.W.2d 566, 227 Mich.App. 90 (Mich. App., 1997). Thus, this does not appear to apply either.
In 2000, the US Supreme Court dealt another blow to third parties seeking visitation rights in Troxel v. Granville, 530 U.S. 57 (2000), which is where the Supreme Court held that the right to make decisions for a child was a "fundamental (civil) right" and that right would not be disturbed by the courts. In doing this, the Supreme Court removed the discretion of the court in situations like you described where someone helped raise a child for several years and developed a relationship from getting visitation absent the consent of the biological parent guardian. Thus, the mother as the guardian would be given the right to make this decision I am afraid.
I am afraid that the court's hands are tied in this terrible situation and unless you can negotiate something with the mother or the biological father can fight for custody rights and get custody and allows you to have visitation during his custody time, legally the law just does not provide you or your son recourse or standing in this matter.
I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
Thank you very much for answering my question, I'm not surprised by this. Honestly, I believe that the courts need to catch up to the 21st century and recognize that they are not doing things in the best interest of the child. Too many mothers like Rachel use their children as object and forget that their are human beings with rights too and in the end the children almost always end up very screwed up because of situations like this. These mothers need to be held accountable for their actions, they should not be allowed to create fathers for their children like my son who is an awesome father and then be allowed to just cut off that relationship only to suit their needs. Children need both parents legal or not! In the end I know Madison will never forget us and will find us when she gets older and then it will be our turn.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).