The public policy of Michigan Adoption law is that it is intended to sever past family relationships to form new ones. It is not intended as a way to circumvent Michigan child custody laws. Several scenarios help to explain why.
If a father seeks to adopt their biological child and the court determines he should be able to, it grants custody to the child’s mother and allows the father to seek custody in a Michigan family court. If the father successfully obtains custody in Michigan family court he can then have custodial rights over his own biological child. A mother who does not have a court order of custody cannot give up their child for adoption and must first obtain that order of custody.
If you are seeking to exercise your custodial rights over your biological child or have some other custodial issue, contact Diana Mohyi Attorney at Law for assistance.