Why We Need a Federal Putative Father Registry

I had a phone call from Lisa Church, a reporter for the Lansing State Journal last week. She called to discuss what rights a biological father has to block an adoption of his child. She was calling, really, for comment about a Michigan father whose parental rights were terminated in favor of adoptive parents. In that case, the father says that the mother deceived him about her pregnancy and then, when he learned about the baby, refused to accept any money for support.

He was unable to establish a father-child relationship because he had no access to the baby. Thus, a court terminated his parental rights because under Michigan law, he is a "do-nothing" parent. Lisa wanted to know if there was anything a father could do to protect his rights so that he could raise his child even if the mother did not want to do so.

I spoke with Lisa at length over the course of two telephone calls. Her article was published on Sunday, September 10, 2006. In it, she tells dads that they can have their rights terminated in an adoption proceeding unless they form a regular and substantial support relationship with the mother before the child's birth or with the child after the birth, and if they fail to form a regular and substantial parent-child relationship after the child's birth. So she got "the bun" -- I mean to say, she got my message in small part. (And I give her credit for that. I can't tell you how many times I've been misquoted!)

What was missing from her article is "the meat" of our discussion. We discussed at length, and I have in the past written in detail about how a father can begin to protect his rights. We talked about whether Michigan has "a putative father registry;" (Yes) about how fathers might find out about it (that's the hard part); about how they could use the registry and also a bank account into which they could escrow monies to establish financial support even if the mother will not accept support during the pregnancy or after the child's birth. We also talked about federal legislation that is pending that will help a father prevent a mother from frustrating Michigan law and avoiding the Michigan registry by giving birth in a state other than Michigan so that she doesn't have to notify the father of the child's birth an a pending adoption.

To learn more about these concepts, you can read earlier articles. Here you are -- the meat served up on a platter:

I've written extensively about Michigan's "putative father registry" and why it doesn't go far enough to protect a birth father's parental rights. Can a Putative Father Protect his Parental Rights by Filing a Notice Intent (to Claim Paternity)?

See also What Rights does an Unwed Biological Father Have When the Mother Wants to Give up a Child for Adoption?

I've written about how important it is to establish a national putative father registry. How can a man protect his parental rights if the mother wants to place the child for adoption?

I've written about why signing an Acknowledgment of Parentage doesn't go far enough to protect a father's parental rights if his relationship with the mother breaks up before or after the child's birth. Acknowledgments of Parentage: Can They Protect Parent-Child Relationships?

More about how fathers are disadvantaged even if they've signed an Acknowledgment of Parentage: The 100-Mile Rule, the Acknowledgment of Parentage Act, and the Parental Kidnapping Statute: Are Unmarried Fathers at a Disadvantage?

I've also written extensively about how, under current Michigan law, a putative father has no legal right to custody or parenting time if the child is born or conceived to a woman while she's married to another man. What are the Rights of a Biological Father if the Mother is Married to Another Man?

And I've written about how the particular facts of a case can make it possible for a man whose child is born to a woman who was married either at the time of conception or birth to assert his parental rights. Another Look at Paternity Rights: This Time Boyfriend has the Right to Sue.

Do you need help with a paternity or child support case? Find a Michigan Family Lawyer near you.

Comments

[Jeanne M. Hannah]

Jim, in order to protect your right to be a father to this child, you may do one or both of the following: (a) file a Complaint to Establish Paternity before the child is born and/or (b) file an "Intent to Claim Paternity" with the DHS. I strongly urge the first option and proper service of process. Otherwise you risk having her leave the State before you can establish paternity.

[Jim Ferguson]

I have an ex girlfriend who is about 9 weeks pregnant. She says she wants to do the whole pregnancy on her own and doesn't want me around. She also said that i will have no right to see my child when he/she is born. I know that is not the truth. I want to very much be a father and I know she is gonna make this difficult for me. I have tried to offer support for her pregnancy as well as financial support but she refuses any of it. Like i said she is only 9 weeks but i don't want to wait till the baby is born to figure out my rights to be in this babies life. Can you suggest anything that i can do right now that will help me out.

[Myncclify]

Who doesn’t like a well deserved break from the rigmarole that life tends to become at times? While taking such vacations, discounts are always welcome;

[Enoch T Nartey]

I have an order for child support drafted by plaintiff's lawyer to be reviewed by me and presented to the judge for signature. In the order it was stipulated for me to have an insurance policy in place and make plaintiff the beneficiary of the policy to gurantee my child support obligations for my daughter in the event of my death. I have a very serious objection to the language in this context and suggested to my lawyer if there was a better way for me to gurantee my child support obligation without having to make the plaintiff in a beneficiary of a life insuarance policy held by me. I asked why can't the child be a beneficiary to the policy and a trustee appointed by me. My lawyer is clueless and I have spent over $14000 dollars on this case. My lawyer's work is not satisfying in the least so I had to let the lawyer go.

I am looking for a competent lawyer to handle my case. I live in Auburn Hills Michigan. Any referals will be welcomed. I am a father who has supported my daughter since she was born. I was nevered married to my daughters mother; however, I was married at a later time and have two additional daughters. The plaintiff in this case claims to the court that she earns $10000 a year which I know is a lie. My lawyer did not verify any of this information. I have parenting time ordered by the court based on the recommendation from the Friends of the Court which is good for my daughter. The last part of the puzzle is to have a child support order in place which will address the needs of my daughter giving her some legal recourse in the event the money meant for her upkeep is mismanaged.

A feed back from you will be much appreciated. Thanks

Enoch T Nartey

[Jeanne M. Hannah]

Corey, it sounds as though you are the biological father of a child conceived or born during the mother's marriage to another man. Given the present state of the law in Michigan, if that is the case, there is usually nothing that can be done to establish any kind of parental rights for the biological father.

Every case is decided on its specific facts, however. Please share more specifics.

Jeanne Hannah

[Corey Yaeger]

I am one of these fathers who dont have rights and I think we need to change this law they say they want whats best for the child, but yet the best thing for that child is his biolocical parents not someone pretending to be please e- mail me